Whether the Eleventh Circuit misapplied the test for the constitutional use of deadly force set forth by this Court in Tennessee v. Garner

QUESTION PRESENTED Whether the Eleventh Circuit misapplied the test for the constitutional use of deadly force set forth by this Court in Tennessee v. Garner, 471 U.S. 1, 11, 105 S. Ct. 1694, 85 L. Ed. 2d 1 (1985), when it held that the threat posed by Plaintiff’s captor — a felony suspect, who was forcing Plaintiff to drive at gunpoint so that he could escape police — justified the Defendant officers’ intentional use of deadly force to seize Plaintiff, an innocent hostage who was not suspected of any crime?