181803P.pdf   07/03/2019  Piper Partridge  v.  City of Benton, Arkansas
   U.S. Court of Appeals Case No:  18-1803
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Benton, Author, with Melloy and Shepherd, Circuit Judge] 
   Civil case - Civil rights. Taking as true the facts alleged in the 
   complaint, no reasonable police officer could conclude that plaintiffs' 
   child posed an immediate threat when he began to move his firearm in 
   compliance with the officers' directives; as such, the court cannot 
   conclude that the officers' decision to shoot and kill the child was 
   objectively reasonable; the child's right to be free of excessive force 
   under the circumstances was clearly established, and the officers were not 
   entitled to qualified immunity on plaintiffs' excessive-force claim; as 
   the court has reversed the grant of summary judgment on the excessive 
   force claim against its officers, the City's judgment on the Monell claims 
   is also reversed; defendants' summary judgment on plaintiffs' claim that 
   the unjustified shooting violated their Fourteenth Amendment due process 
   rights to a family relationship was proper as plaintiffs failed to allege 
   that the shooting was directed at their relationship with their son, a 
   necessary element of such a claim.