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City of Santa Rosa, California v. DeSantis

Certiorari Denied

Petition for certiorari denied on January 24, 2011.

Docket No.10-434
Op. Below9th Circuit

Issue

(1) Whether a police officer is entitled to qualified immunity for the shooting of someone believed to be armed when alternative force options were available to other officers at the scene but not to the individual officer; (2) whether such conduct can evidence a purpose to harm without legitimate law enforcement purpose sufficient to support a Fourteenth Amendment claim against the officer; and (3) whether a court should deny qualified immunity to an officer based only on a portion of the plaintiff's testimony when six police officers and an independent eye witness testified that no reasonable trier of fact would find in the plaintiff's favor based on the entire record.

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