Vol. 40 No. 12 BECAUSE AN OFFICER CONTINUED TO SHOOT A FALLEN AND INJURED SUSPECT ARMED ONLY WITH A BLADED INSTRUMENT WHO WAS ON HIS BACK WITH HIS KNEES CURLED UP TO HIS CHEST WHILE ROLLING AWAY FROM THE OFFICER, A JURY COULD REASONABLY FIND THAT THE OFFICER EMPLOYED CONSTITUTIONALLY EXCESSIVE FORCE
In Est. of Hernandez v. City of L.A.,[1] an en banc panel of the Ninth Circuit Court of Appeals determined that although a police officer acted reasonably under the Fourth Amendment when firing the first four rounds at an individual armed with a knife who approached the officer, there was a triable issue of fact […]