Green v. Tanner
Pending petition
Issue: (1) Whether in a case alleging that an officer used excessive force based on a mistake of fact, if the reasonableness of the officer’s mistake is a legal question for a court at summary judgment or a factual question for a jury; and (2) whether an officer’s use of deadly force should be deemed reasonable as a matter of law based on facts that were not known to the officer at the time or based on a view that “[t]here is no constitutional … right that prevents an officer from using deadly force when faced with an apparently loaded weapon."