Whether the Sixth Circuit erred in granting qualified immunity despite evidence supporting the plaintiff's position

QUESTION PRESENTED Whether the Sixth Circuit erred when it conspicuously disregarded the standard set forth in Tolan v. Cotton, 572 U.S. 650 (2014) by granting qualified immunity based upon the defendant officer’s testimony while failing to consider not only minor N.K.’s testimony but also eyewitnesses’ testimony and dash-camera video which support minor N.K.’s position that he was compliant and empty-handed at the time that he was shot. 1