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Sammis v. Nance

Certiorari Denied

Petition for certiorari denied on October 4, 2010.

Docket No.09-1115
Op. Below8th Circuit

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.

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