Randall

dissenting:

“Because ‘police officers are often forced to make split-second judgments — in circumstances that are tense, uncertain, and rapidly evolving — about the amount of force that is necessary in a particular situation,’ the reasonableness of the officer’s belief as to the appropriate level of force should be judged from that on-scene perspective.” Saucier v. Katz, 533 U.S. 194 , 205, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (internal citations omitted) (quoting Graham v. Connor, 490 U.S. 386, 396-97 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989)). We must judge “from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight,” even if the force used “may later seem unnecessary in the peace of a judge’s chambers.” Johnson v. County of L.A., 340 F.3d 787 , 792 (9th Cir.2003) (internal quotations and citations omitted).

The courts have now had more than six years to decide whether a police officer, with only seconds to decide whether to employ deadly force, is entitled to qualified immunity. Assuming a constitutional violation occurred — though I question whether Officer Williamson used excessive force under the circumstances alleged when…

MEMORANDUM *