Brett Ferris v. Chrystal Scism, Individually and as Administratrix of the Estate of Joshua Scism
Does the doctrine of qualified immunity shield a police officer from suit (not merely from judgment) where his/her split-second decision to deploy lethal force was made after being confronted by a suspect who, while disregarding commands to get on the ground, pulls a semi-automatic handgun from his waistband just feet away from the officer?
1. Does the Fourth Amendment require a police officer to wait until an armed suspect points the barrel of his handgun in the officer's direction before the officer can deploy lethal force to protect himself and innocents in the area?
2. Did the Second Circuit err in denying Petitioner qualified immunity without even identifying what material facts defined the immunity questions?
3. Did the Second Circuit err in deferring the qualified immunity questions to the "post-verdict" stage of the trial so that immunity would only be addressed in the event a jury issued a verdict against Petitioner?
4. Did the Second Circuit's decision below disregard this Court's repeated holdings that qualified immunity is immunity from suit, not merely immunity from judgment, when it declined to define or decide the immunity questions despite a robust record containing undisputed facts?
Does the doctrine of qualified immunity shield a police officer from suit