Officers’ Immunity for Shooting Armed Suspect Left to Jury

Whether police officers are entitled to qualified immunity in a civil rights suit by an armed suspect they shot must be decided by a jury, the full Fifth Circuit said.

The trial court properly refused to grant the officers’ request for immunity at the summary judgment stage because the two sides presented conflicting evidence that must be considered, the opinion by Judge Patrick E. Higginbotham said.

The Sachse, Texas police received a report that 17-year-old Ryan Cole was walking around a neighborhood holding a hand gun to his head.

Lieutenant Martin Cassidy and Officer Michael Hunter saw Cole back out ...