153279P.pdf   12/09/2016  Jacquelyn Wallace  v.  Nancy Cummings
   U.S. Court of Appeals Case No:  15-3279
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Murphy, Author, with Riley, Chief Judge, and Smith, Circuit 
   Judge] 
   Civil case - Civil rights. In an action alleging excessive force in the 
   death of plaintiff's decedent, the district court did not err in denying 
   the police officer's motion for summary judgment based on qualified 
   immunity as there was a genuine issue of material fact as to whether the 
   officer intentionally shot the victim; the record does not conclusively 
   establish that the victim was committing the violent felony of aggravated 
   assault at the time he was shot or that he posed a significant immediate 
   threat to the safety of the defendant officer or other bystanders; 
   further, a fact finder could reasonably conclude that the victim no longer 
   posed a significant threat after he discarded his gun and began to flee; 
   considering the totality of the circumstances, the record does not 
   establish that the officer's use of deadly force was reasonable as a 
   matter of law; it has been clearly established since 1985 that the use of 
   deadly force against a fleeing suspect who does not pose a significant 
   threat of death or serious injury to the officer or bystanders is not 
   permitted.