Tenorio v. Pitzer

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Albuquerque Police Officer Brian Pitzer shot Russell Tenorio when responding to an emergency call. Tenorio sued Pitzer under 42 U.S.C. 1983, asserting that Pitzer violated his Fourth Amendment rights by using excessive force. The district court denied Pitzer’s motion for summary judgment, concluding that there was evidence that Pitzer violated clearly established law under two theories: (1) when Pitzer shot Tenorio he “did not have probable cause to believe that [Tenorio] presented a threat of serious physical harm to [Pitzer] or another person'” and (2) Pitzer and his fellow officers recklessly created the situation that resulted in the use of deadly force. Pitzer appealed. After review, the Tenth Circuit Court of Appeals concluded that the evidence would support a violation of clearly established law under the first theory. The Court therefore did not address the second theory, and remanded for further proceedings. View "Tenorio v. Pitzer" on Justia Law