Scott

Doris Scott contends that the police officer defendants acted unreasonably by killing her husband John Scott. 1 We consider the amount of proof needed to overcome a motion for summary judgment in a deadly force case.

Facts

Officers Flamand and Henrich were called to 701 West Park Street in Butte, Montana, in response to reports that a man was firing a gun there. A few minutes earlier, they had received reports of shots fired at a nearby address. When the officers arrived at the 701 West Park area, a motel manager pointed to the two-story apartment building across the street where the gunman had entered via one of the street-level doors. A boy named Jason Smith told Flamand that “he had seen a man fire a shot or a couple of shots ... and that [the man] was acting strange or crazy and he was staggering.” Flamand then observed a man in the second-story window of the building.

Flamand and Henrich quickly approached the street-level door. Henrich banged and kicked the door and yelled something to the effect of “Police, police officers, open up.” Flamand stood behind Henrich and covered him. A few minutes later, Henrich again banged the door and identified himself as a police…