1. Whether evidence of a dangerous and violent
suspect's sudden and unexpected gesture of
surrender immediately and objectively
terminates the deadly threat that that suspect
had created, such that a police officer is no
longer justified in using deadly force in self-
defense under the Fourth Amendment, or
whether, as the Fifth and Tenth Circuits have
held, the totality-of-the-circumstances analysis
continues to apply even where there is evidence
suggesting that the suspect had attempted to
withdraw from his assault of the officer.

2. Whether Officer Minchuk is entitled to
qualified immunity, where neither Plaintiff nor
the Court of Appeals could identify any pre-
seizure precedent holding that a police officer's
use of deadly force within seconds of a violent
suspect's assault of that officer was
unreasonable, and where the most closely-
analogous Circuit precedent established that a
police officer is not required to accept a
suspect's surrender at face value in tense and
uncertain circumstances.

Whether evidence of a dangerous and violent suspect's sudden and unexpected gesture of surrender immediately and objectively terminates the deadly threat, such that a police officer is no longer justified in using deadly force in self-defense under the Fourth Amendment