Repeater
Regular Member
A panel of the Fourth Circuit Court of Appeals thinks it's okay to excuse a deputy for being confused when shooting a man - the deputy thought the gun he was
shooting was his taser:
Well, let's see ordinary folks get away with that.
shooting was his taser:
Robert Purnell, a deputy sheriff in Somerset County, Maryland, attempted to execute a warrant for Frederick Henry’s arrest. Henry fled on foot and Deputy Purnell gave chase, mistakenly drawing his firearm, instead of his taser, and shooting Henry in the elbow. As a result of this incident, Henry filed a § 1983 suit against Deputy Purnell in the United States District Court for the District of Maryland, asserting that Purnell used excessive force in effecting his arrest. The district court ultimately concluded that Deputy Purnell’s mistake was reasonable and granted his motion for summary judgment. For the following reasons, we affirm in part and reverse in part ...
Purnell maintained that his mistaken use of the firearm was reasonable, particularly as the holsters issued by the sheriff’s department placed both the firearm and the taser on the right side of his body.
Well, let's see ordinary folks get away with that.
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