Judy Papineau v. Hannah Heilman

MEMORANDUM

Tacoma Police Officer Hannah Heilman appeals the district court’s order denying her motion for summary judgment on the basis of qualified immunity. We affirm.

First, taking the facts “in the light most favorable to the party asserting the injury ... [Heilman’s] conduct violated a constitutional right.” Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). Heilman testified that she saw Brooks Papineau holding a gun inside the cab of his truck, that he exited his vehicle still holding the gun, and that he turned to face her and pointed the weapon in her direction. But that version of the facts is disputed by the plaintiff, and is undermined by the physical evidence found at the scene and by inconsistencies between Heilman’s story and the one told by her fellow officers. For example, the type of gun Heilman testified that she saw Papi-neau holding looked substantially different from the one found inside his truck, and only Papineau’s wallet and keys were found next to his body. Moreover, the location of Papineau’s gunshot wounds suggests that he was not facing Heilman when he was first shot, but rather was still stepping out of the truck. Thus,…