123426P.pdf   07/31/2013  David Roberts  v.  City of Omaha
   U.S. Court of Appeals Case No:  12-3426
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Riley, Author, with Melloy and Shepherd, Circuit Judges] 
   Civil case - Civil rights. No reasonable officer could have known the ADA 
   and the Rehabilitation Act imposed a duty to accommodate plaintiff's 
   disability while the officers were attempting to secure him and take him 
   to custody for his own safety and the safety of the officers and 
   plaintiff's family and, as result, the officers were entitled to qualified 
   immunity on his ADA and Rehabilitation Act claims; district court did not 
   err in finding officer Martinec was not entitled to qualified immunity on 
   plaintiff's Fourth Amendment deadly force claim as there was a genuine 
   dispute of material fact regarding whether plaintiff posed an objectively 
   reasonable threat of violence during the entire encounter; two other 
   officers were entitled to qualified immunity on this claim as it is 
   undisputed that neither of them had physical contact with plaintiff or 
   applied any force during the encounter; a third officer was also entitled 
   to qualified immunity as it could not be said that it was objectively 
   unreasonable for him to remove plaintiff from his bed after plaintiff 
   refused to comply with the officers' orders; city was entitled to summary 
   judgment on plaintiff's ADA and Rehabilitation Act failure to train 
   claims.