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.
141281P.pdf 12/22/2014 Michael Alvin Partlow v. Officer Joseph Stadler
U.S. Court of Appeals Case No: 14-1281
U.S. District Court for the District of North Dakota - Fargo
[PUBLISHED] [Wollman, Author, with Riley, Chief Judge,and Bye, Circuit
Judge]
Civil case - Civil Rights. The district court erred in determining the
officers involved in plaintiff's shooting were not entitle to summary
judgment based on qualified immunity as their use of deadly force was
objectively reasonable because a reasonable officer would have had
probable cause to believe that plaintiff posed a threat of serious
physical injury and any mistake in so believing was objectively
reasonable. Judge Bye, dissenting.