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.
223157P.pdf 07/13/2023 Florine Ching v. Ofc. Neal Walsh
U.S. Court of Appeals Case No: 22-3157
U.S. District Court for the District of Minnesota
[PUBLISHED] [Erickson, Author, with Loken and Kobes, Circuit Judges]
Civil case - Civil Rights. Defendant police officer shot and killed
plaintiff's son, who had been reported as suicidal and emotionally
disturbed and had ignored officers' commands to drop a knife. Held: the
officer was entitled to qualified immunity on plaintiff's claim that he
used excessive force by continuing to shoot at decedent after he had
dropped the knife and had fallen to the ground; given the swift and
continuous progression of the incident and the officer's limited time to
observe and process the circumstances, no jury could find that he had
sufficient time to reassess the threat decedent presented before he
stopped firing.