Poole v. City of Shreveport, No. 21-30015 (5th Cir. 2021)Annotate this Case
The Fifth Circuit affirmed the district court's denial of summary judgment in an excessive force case where the district court held that a jury could conclude that an officer shot a citizen four times without warning while the citizen was turning away and empty-handed. The court explained that, because genuine disputes exist on three material facts—whether the officer warned before shooting, whether the citizen had turned away from the officer, and whether the officer could see that the citizen was unarmed—the district court properly denied a summary judgment motion invoking qualified immunity. The court agreed with the district court that there was a violation of clearly established law if the jury resolves the factual disputes in favor of plaintiff.