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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.