Constitutional Law – Deadly Force; Qualified Immunity; Domestic Disturbance

Where officers responding to a domestic disturbance testified that they entered a dark house in response to screams from the victim and that they shot and killed a man who was seated on a couch pointing a gun at them, summary judgment for the defendants is affirmed on the basis of qualified and official immunity in an action brought on behalf of the man’s heirs alleging that the defendants violated his constitutional rights when they used deadly force against him. Judgment affirmed.

13-1640 Smith v. City of Brooklyn Park, appealed from District of Minnesota, per curiam