The Ninth Circuit U.S. Court of Appeals on Monday revived a suit against a police officer who shot and killed a handcuffed man after mistakenly drawing a firearm instead of a Taser.A three-judge panel said the officer was not entitled to qualified immunity, so a lower court's grant of summary judgment in her favor was improper.
A jury could make other findings that would negate her immunity, like her history of confusing her weapons, the court found.
About a month after she first got the Taser, Noriega mistakenly placed her sidearm and Taser in the wrong holsters, and a week later she confused the two during a call, pointing a loaded Glock at her partner's head, the court noted.
A history ... of confusing her weapons; pointed ... a loaded Glock ... at her partner's head?
Wonder she hasn't been killed in the line of duty from friendly fire.
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