Police respond to a call, discover Thornton, Colo. man pacing in driveway, swinging baseball bat, yelling. While one officer returns to his car to obtain a non-lethal beanbag shotgun, two other officers pursue the man, draw their weapons (one a gun, one a taser), direct him to drop his bat. When he does not, they both fire. The man dies. Excessive force? Tenth Circuit (over a dissent): Could be. No qualified immunity.