Sammis v. Nance

Issue: (1) Whether a police officer may be held liable on a claim under 42 U.S.C. § 1983 for failing to prevent another officer’s use of force when that force was used within a short period such that a reasonable officer in the same circumstance would not have had a realistic opportunity to intervene; (2) whether the commands “get on the ground, drop the gun” are sufficient to satisfy the warning required prior to the use of deadly force; and (3) whether a party’s self-serving testimony that contradicts his or her prior statement is sufficient to create a fact question and thereby avoid an adverse summary judgment ruling on the defense of qualified immunity.

Briefs and Documents

Certiorari-stage documents

• Opinion below (8th Circuit)
• Petition for certiorari
• Brief in opposition