Allen v. Muskogee, Oklahoma

In Allen v. Muskogee, Oklahoma, 119 F.3d 837 (10th Cir.1997), police officers shot and killed an armed suicidal man. The plaintiffs produced evidence that the officers ran toward the man screaming at him to drop his gun and then tried to wrestle it away from him when he wouldn't. The plaintiffs supplied an expert witness who said that police officers are trained to deal with an armed mentally ill or emotionally upset person by getting any civilians out of the way, taking cover, and communicating calmly with the disturbed individual. The Tenth Circuit held that the plaintiffs had created a genuine issue of material fact as to the reasonableness of the police officers' tactics preceding the shooting. The court then held that this dispute precluded summary judgment in favor of the officers based on qualified immunity because the reasonableness of their use of deadly force depended not only on their danger at the moment of the shooting but on whether their "reckless or deliberate conduct during the seizure unreasonably created the need to use such force," where such conduct was "immediately connected to the suspect's threat of force."