The United States Supreme Court in a 7-2 ruling has found that a Tuscon, AZ. police officer who shot and wounded a female armed with a knife IS protected by qualified immunity and cannot be sued civilly for alleged violation of her Civil Rights.
The Court slapped the Ninth Circuit Court of Appeals, who reversed a lower court ruling granting the officer’s request for summary judgment dismissing the lawsuit.
FACTS
Andrew Kisela, a police officer in Tucson, Arizona, shot respondent Amy Hughes. Kisela and two other officers had arrived on the scene after hearing a police radio report that a woman was engaging in erratic behavior with a knife. They had been there but a few minutes, perhaps just a minute. When Kisela fired, Hughes was holding a large kitchen knife, had taken steps toward another woman standing nearby, and had refused to drop the knife after at least two commands to do so. The question is whether at the time of the shooting Kisela’s actions violated clearly established law.