Cole v. Hunter

After Ryan Cole, a seventeen-year-old, was severely injured in an armed encounter with police, he and his parents filed suit against the officers for, among other things, use of excessive force in violation of Ryan's Fourth Amendment rights. The district court denied Defendant Carson’s motion to dismiss and Defendants Hunter and Cassidy’s motion for summary judgment, rejecting the officers’ immunity defense at the motion stage of the case. Under plaintiffs’ version of the facts, the court concluded that it was objectively unreasonable under clearly established law to shoot Ryan. Consequently, the fact disputes identified by the district court - including the central issue of whether Ryan pointed his gun at an officer - are material, and the court dismissed the appeal for lack of jurisdiction. However, the court affirmed the district court’s refusal to dismiss the due process claim relating to fabrication of evidence. Finally, the court concluded that the district court erred in allowing all other claims to proceed. View "Cole v. Hunter" on Justia Law