Jared Cosper, in His Individual Capacity, et al. v. Perla Enriquez Baca, as Personal Representative of Amelia Baca, Deceased
SocialSecurity FourthAmendment DueProcess CriminalProcedure JusticiabilityDoctri
Whether the Tenth Circuit may establish a bright-line rule for an officer's use of deadly force against a suspect armed with an edged weapon, and whether this rule abrogates qualified immunity
1. Whether the Tenth Circuit may establish a bright line rule for an officer’s use of deadly force against a suspect armed with an edged weapon as in Tenorio v. Pitzer , 802 F .3d 1160 (10th Cir. 2015), in place of the “totality of the circumstances” analysis endorsed by this Court? 2. In excessive force claims involving a suspect armed with an edged weapon, does the Tenth Circuit’s bright line Tenorio rule provide the proper test or does the “totality of the circumstances” test govern this case, as three other circuits have held? 3. Given that the facts of Tenorio stand in stark contrast to those of this case, does Tenorio provide the clearly established case law which abrogates Officer Cosper’s qualified immunity defense?