The New Jersey Supreme Court, in a 4-3 decision, ruled that a Camden police officer who shot a man who claimed he was surrendering is not entitled to qualified immunity from an excessive-force lawsuit.

The court said that the officer is not entitled to qualified immunity on summary judgment because the suspect and an independent witness each gave sworn testimony that his hands were empty and raised over his head when the officer shot him. The dissenting justices said that, under the totality of the circumstances, the officer’s belief that deadly force was warranted was a reasonable one. Although the suspect discarded the handgun he was carrying while being chased by police, the officer did not see him drop the gun and had no reason to know that the suspect was no longer carrying a weapon.