A recurring question in §1983 cases is whether unarmed, fleeing suspects pose the requisite threat to officers or others to justify the use of deadly force. Related questions include whether qualified immunity is available in such cases at the summary-judgment stage, or whether a jury must be permitted to weigh the participants’ credibility, which provides a chance to influence the answer to the question of what constitutes an objectively reasonable use of force.
A recent Eighth Circuit decision embodies conflicting views on this subject.
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