191399P.pdf   05/28/2020  Vanessa Cole  v.  Dennis Hutchins
   U.S. Court of Appeals Case No:  19-1399
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Gruender, Author, with Arnold and Shepherd, Circuit Judges] 
   Civil Rights - qualified immunity. On appeal from denial of summary 
   judgment on the basis of qualified immunity to officer alleged to have 
   used excessive force when he shot and killed Richards, this court has 
   jurisdiction to decide purely legal issue of whether facts as alleged and 
   found or assumed by the district court violate clearly established law. 
   Based on the facts presented that must be assumed, the officer's use of 
   deadly force was not objectively reasonable, as the officer did not have 
   probable cause to believe Richards posted a immediate threat of serious 
   physical harm, was not pointing his gun, was not facing Underwood, and the 
   officer did not provide any warning. Further, the law was clearly 
   established that the officer's use of deadly force was objectively 
   unreasonable in the circumstances of this case. Thus, the denial of 
   summary judgment is affirmed.