Nicholson v. City of Los Angeles

Allegation: Without announcing himself or giving high school student a chance to drop the gun in his hand, a plainclothes LAPD officer fires into a group of students who were making their way to school. He hits one who wasn’t holding the gun. (He lives.) Turns out it was a toy gun with an orange tip. District Court: No qualified immunity. Ninth Circuit: A jury could find the shooting shocks the conscience, but the officer is entitled to qualified immunity because there’s no case on point putting the officer on notice not to accidentally shoot a bystander. The students can sue the officer over being handcuffed and interrogated for five hours, however.

Tags: 2019, Ninth Circuit, Police, Qualified Immunity

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