141782P.pdf   03/16/2015  Jerry Capps  v.  David Olson
   U.S. Court of Appeals Case No:  14-1782
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Melloy, Author, with Murphy and Benton, Circuit Judges] 
   Civil case - Civil rights. In an action alleging defendant Deputy Olson 
   used excessive force when he shot and killed plaintiffs' decedent, the 
   district court did not err in denying Olson's motion for summary judgment 
   based on qualified immunity as there were outstanding questions of 
   material fact as to whether the decedent was moving toward the officer 
   when he fired the first shot and whether he was armed or in possession of 
   an item the officer could reasonably believe to be a weapon; further, the 
   constitutional right in the case was clearly established as a reasonable 
   officer would have understood that use of deadly force against a fleeing 
   subject who did not pose a significant and immediate threat of serious 
   injury or death to others was not permitted.