Rankin v. Longoria

(1) Whether, in finding the use of deadly force unreasonable against a fleeing suspect who was known to be armed and threatened and attempted to kill officers, the U.S. Court of Appeals for the 9th Circuit erred in rejecting uncontroverted video evidence"depicting the suspect reaching for his waistband and then quickly raising his arms up, chest high, and extending them out in the officers" direction while holding a shiny black object"and instead relying on facts unknown to the officer-defendant and speculation of the suspect"s subjective intent to manufacture disputes regarding the threat of immediate harm; and (2) whether the lower court erred in concluding that Tennessee v. Garner put every reasonable officer on notice that deadly force under these particular circumstances is a clearly established constitutional violation, when the Supreme Court has repeatedly said that Garner does not clearly establish the law in excessive force cases and a consensus of cases across several circuits have affirmed the use of deadly force by officers in similar circumstances.