Repeater
Regular Member
This new En Banc opinion reverses an earlier 3-judge panel ruling, and now revives a lawsuit against a cop who shot a man with a gun instead of a Taser:
Cop Says He Accidently Shot Man With Gun, Instead Of Taser
Read the opinion beginning at page 13. Fascinating.
The dissent is cause for concern because they would basically would give rogue cops a free-pass under the rationale that their conduct was an honest mistake instead of malicious.
They seem to sidestep an important issue: when is it objectively reasonable to shoot a fleeing suspect with the use of lethal -- or less-than-lethal -- force when the suspect is wanted for a misdemeanor AND is not a threat to anyone?
In conclusion, I would think this opinion from Judge Gregory is good for all Virginians, including gun owners.
Cop Says He Accidently Shot Man With Gun, Instead Of Taser
A federal appeals court has reinstated a Maryland man's lawsuit against a police officer who mistakenly shot him with a handgun instead of a Taser.
The 9-3 ruling Thursday by the 4th U.S. Circuit Court of Appeals in Richmond reversed a three-judge panel's ruling dismissing Frederick Henry's lawsuit against Robert Purnell.
In 2003, Purnell was trying to arrest Henry outside his home in Eden on a charge of failing to pay child support when Henry fled. Purnell shot Henry in the elbow with his Glock service revolver.
The appeals court's majority said Purnell should have known he was holding the Glock because it was heavier than the Taser and operated differently.
The minority said it was an honest mistake.
Read the opinion beginning at page 13. Fascinating.
The dissent is cause for concern because they would basically would give rogue cops a free-pass under the rationale that their conduct was an honest mistake instead of malicious.
They seem to sidestep an important issue: when is it objectively reasonable to shoot a fleeing suspect with the use of lethal -- or less-than-lethal -- force when the suspect is wanted for a misdemeanor AND is not a threat to anyone?
In conclusion, I would think this opinion from Judge Gregory is good for all Virginians, including gun owners.