191101P.pdf   05/29/2020  Sok Kong  v.  City of Burnsville
   U.S. Court of Appeals Case No:  19-1101
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Benton, Author, with Loken and Kelly, Circuit Judges Civil 
   Case - civil rights - qualified immunity. Officers arrived at a scene with 
   Map Kong his car in a parking lot slashing a large knife through the air 
   in front of him. After refusing to put down the knife, officers broke a 
   car window and tased him. Kong stumbled out of the door, stood up, knife 
   in hand, and began running across the parking lot; within seconds officers 
   shot him from the back and sides, killing him. Kong?s trustee sued the 
   city and the officers for excessive force. The district court denied 
   summary judgment on the basis of qualified immunity to the officers, and 
   the officers appeal. Even if the facts show the officers violated Kong?s 
   Fourth Amendment right, the law at the time of the shooting ? March 2016 
   ? did not clearly establish the right. A reasonable officer would have 
   believed the law permitted shooting Kong; the officers tried to disarm him 
   to prevent him from causing harm; when Kong left the car, the threat he 
   posed justified lethal force, even if the officers cause him to leave his 
   car. Viewing the facts most favorably to the Trustee, Kong did not commit 
   a violent felony, but posed an immediate and significant threat. Thus, the 
   district court erred in denying the officers qualified immunity. Because 
   the officers did not willfully disobey policy, the officers are entitled 
   to official immunity on the state law negligence claims, and the city is 
   entitled to vicarious official immunity. Thus, the district court?s 
   order is reversed. Judge Kelly dissents.