DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

102179P.pdf   06/09/2011  David Gardner  v.  Joel Ritchie
   U.S. Court of Appeals Case No:  10-2179
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Colloton, Author, with Gruender and Shepherd,
   Circuit Judges]
   Civil case - civil rights. District court erred in denying defendant
   officer's motion for summary judgment based on qualified immunity
   without considering his subjective intent at the time he fired his weapon
   and shot plaintiff; on remand, the district court should determine whether
   the evidence, in the light most favorable to plaintiff, would support a
   finding by a reasonable jury that defendant subjectively intended to effect
   a seizure of plaintiff by firing his weapon; if he did not, then defendant is
   entitled to qualified immunity and the district court should enter summary
   judgment for him.