Qualified Immunity

The Sixth Circuit Court of Appeals based in Cincinnati, Ohio, known as one of the more liberal Appellate Courts, has reversed a Federal District Court ruling denying qualified immunity to deputies involved in a fatal shooting in Tennessee. The case, Cunningham v. Shelby County, Tennessee (6th Cir. 2021) 994 F.3d 761 revolves around a woman who called 9-1-1 advising she was suicidal and had a gun. When officers arrived, she came out of the residence carrying a firearm, which turned out to be a bb gun.
The significance of this ruling is twofold. First, the Court held that the body worn camera video was in direct conflict with the Plaintiff’s allegations. Second, the consideration of still frame footage after-the-fact violated the Constitutional prohibitions against hindsight review set forth in Graham v. Connor.
The case analysis can be read at California Public Safety Labor Blog: Sixth Circuit Rules Deputies are Entitled to Summary Judgment on Qualified Immunity Where Allegations of Excessive Force are “Blatantly Contradicted” by Dashboard Cameras (mastagnilaw.blogspot.com)