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SCOTT v. HENRICH

No. 91-35429.

978 F.2d 481 (1992)

Doris A. SCOTT, individually and as Personal Representative of the Estate of John William Scott, deceased, Plaintiff-Appellant, v. James L. HENRICH; David J. Flamand; Butte-Silver Bow Law Enforcement Agency; City of Butte; County of Silver Bow, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 15, 1992.

Attorney(s) appearing for the Case

Curtis G. Thompson, William D. Jacobsen, Jardine, Stephenson, Blewett & Weaver, Great Falls, Mont., for plaintiff-appellant Doris A. Scott.

Brendon J. Rohan, C. Richard Anderson, Poore, Roth & Robinson, Butte, Mont., for defendants-appellees Henrich, Flamand, and Butte-Silver Bow Law Enforcement Agency.

Gregory C. Black, Marshal Mickelson, Corrette, Smith, Pohlman & Allen, Butte, Mont., for defendants-appellees City of Butte and County of Silver Bow.

Before: FARRIS, NORRIS and KOZINSKI, Circuit Judges.

KOZINSKI, Circuit Judge.

Doris Scott contends that the police officer defendants acted unreasonably by killing her husband John Scott.1 We consider the amount of proof needed to overcome a motion for summary judgment in a deadly force case.

Facts

Officers Flamand and Henrich were called to 701 West Park Street in Butte, Montana, in response to reports that a man was firing a gun there. A few minutes earlier, they had...

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