Ninth Circuit: Richard Vos v. City of Newport Beach

Given the perimeter of police officers with guns, tasers, and dogs, the necessity of killing the gentleman running towards the exit of the 7-11 presents a genuine issue of disputed fact for trial.

Qualified immunity for officers, as circuit precedent as to the appropriate bounds of behavior when dealing with odd, threatening people carrying sharp things was a bit unclear; question of municipal liability remanded.

As the ADA claim of lack of accommodation isn't dispelled by the fact that the officers didn't initiate the confrontation, the issue of reasonable accommodation presents a question for trial.

State tort definition of negligence reasonableness is distinct from Fourth Amendment reasonableness.

Dissent: Fact of mental illness in the suspect shouldn't change the calculus on the use of deadly force in an exigent situation.

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/06/11/16-56791.pdf