Foster v. City of Indio

After anonymous 911 tip about armed man near shopping plaza, Indio, Calif. cop approaches man matching tipster’s description. Man flees. Cop pursues, shoots man three times in the back. Ninth Circuit: There’s a factual dispute about whether the fleeing man had a gun in his hand during the chase. For esoteric qualified-immunity reasons, the court can’t immediately review that issue, so to trial it must go. But, the court adds, the cop’s initial interaction with the man (pre-chase) was not clearly unconstitutional; the 911 call prompted enough suspicion for an investigatory stop.

Tags: 2018, Ninth Circuit, Police, Qualified Immunity

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