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Moody v. Newport News — district opinion excerpt, Doc. 97

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[N]o court can expect any human being to remain passive in the face of an active threat .... Before employing deadly force, police must have sound reason to believe that the suspect poses a serious threat to their safety or the safety of others. Officers need not be absolutely sure, however, of the nature of the threat or the suspect's intent to cause them harm—the Constitution does not require that certitude precede the act of self protection. Elliott, 99 F.3d at 644. Thus, even if Gibson had used excessive force against Plaintiff, he did not violate a clearly established constitutional right of Plaintiff. Therefore, as an alternative holding to the Court' s finding that Gibson is entitled to qualified immunity because he did not use excessive force against Plaintiff, Gibson is also entitled to qualified immunity because he did not violate a clearly established constitutional right of Plaintiff. As such, Gibson's Motion for Summary Judgment is GRANTED on both prongs of the qualified immunity analysis and he is DISMISSED from this action. IV. CONCLUSION The events that took place on December 12, 2012 were devastating and tragic, and the Court recognizes that Plaintiff's injuries have drastically altered his way of life. However, the state of the law regarding the issues presented is clear, and the Court must grant Defendants' motions. For the reasons discussed above, Defendant Hollandsworth's Motion for Summary Judgment, ECF No. 59, is GRANTED, and Defendant Gibson's Motion for Summary Judgment, ECF No. 62, is GRANTED. As 51
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