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 8th Circuit Spotlightqualified 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.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]