Jefferson v. Lewis, No. 08-2116

In plaintiff's action against a police officer under 42 U.S.C. section 1983 and state tort law for being shot by the officer on New Year's Eve while responding to reports of gunfire shots in the area, denial of defendant's motion for summary judgment on the basis of qualified immunity is affirmed where: 1) because plaintiff has produced adequate evidentiary support for her version of events and because plaintiff's version of events must be accepted as true for purposes of interlocutory appeal, the jury must decide whether plaintiff's Fourth Amendment rights were violated; and 2) in light of the competing inferences one might draw from the facts and their effect on the question of whether the officer's actions were objectively reasonable, a jury should find the facts that determine whether the officer is entitled to qualified immunity.  

Read Jefferson v. Lewis, No. 08-2116

Appellate Information

Argued: October 9, 2009

Decided and Filed: February 4, 2010

Judges

Opinion by Circuit Judge  Martin

Counsel

For Appellant:  Michael S. Bogren, Plunkett Cooney

For Appellee:   Wolfgang Mueller, Olsman Mueller PC