223193P.pdf   01/08/2024  Jennifer Morgan-Tyra  v.  Andrei Nikolov
   U.S. Court of Appeals Case No:  22-3193
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Stras, Author, with Shepherd and Kelly, Circuit Judges] 
   Civil case - Civil rights. The defendant St. Louis police officer 
   responded to a domestic disturbance call and saw plaintiff holding a gun 
   which was pointed at a third party the officer could not see; plaintiff 
   was screaming expletives at the third person and trying to make her 
   believe she would shoot her; in response, the defendant shot the plaintiff 
   nine times. She survived and brought this Section 1983 action against the 
   officer and the City, alleging excessive force. The district court granted 
   the defendant officer's motion for summary judgment based on qualified 
   immunity, and plaintiff appeals. Under Supreme Court law, an officer may 
   use deadly force when there is probable cause to believe the suspect poses 
   a threat of serious physical harm to the officer or to others; but even if 
   the officer's split-second decision to shoot without warning was 
   objectively unreasonable under the circumstances, he is still entitled to 
   qualified immunity because his actions did not violate any clearly 
   established right. Judge Kelly, dissenting.