Whether a person holding a gun has a Fourth Amendment right to be free from deadly force

QUESTIONS PRESENTED 1. The United States Court of Appeals for the Fifth Circuit granted qualified immunity reasoning facts demonstrating that a person shot and killed by police had not threatened anyone, was holding a gun pointed down at his side, was not suspected of any crime, and was not fleeing were irrelevant. Was it clearly established that a person merely holding a gun has a Fourth Amendment right to be free from deadly force? 2. May courts consider unpublished decisions as persuasive authority in resolving the clearly established prong of qualified immunity cases? ii LIST OF PROCEEDINGS United States Court of Appeals for the Fifth Circuit No. 19-20494 Sonia Garcia; Phillip Garcia, v. Wesley Blevins; City of Houston Date of Final Opinion: April 30, 2020 District Court for the Southern District of Texas, Houston Division Civil Action No. 4:17-cv-00117 Garcia v. Blevins Date of Final Order: June 13, 2019