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.
172028P.pdf 08/09/2018 Eric Wenzel v. Carl Storm
U.S. Court of Appeals Case No: 17-2028
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Wollman, Author, with Shepherd and Erickson, Circuit Judges]
Civil case - Civil rights. In action alleging defendant police officer
used excessive force when he shot and killed plaintiffs' decedent, the
district court erred in denying the officer's motion for summary judgment
based on qualified immunity as, even accepting as true plaintiffs' version
of the incident, the officer's use of deadly force was reasonable under
the circumstances as the officer could reasonably believe the deceased
posed an immediate threat of serious physical harm, notwithstanding the
fact that the officer could see the deceased's hands were empty.