Whether the Ninth Circuit erred in finding a Fourth Amendment violation when police fatally shot a suspect who failed to comply with commands during a brief investigative stop

QUESTION PRESENTED San Jose police stopped decedent Jacob Dominguez, who was wanted for armed robbery, after tailing the car he was driving. Officer Michael Pina exited his car and ordered Dominguez to put his hands up. Dominguez reluctantly did, then quickly dropped his hands and leaned forward in the driver’s seat. Officer Pina had information Dominguez was in possession of a firearm and believed Dominguez was reaching for it, so Officer Pina shot Dominguez, killing him. All that occurred within 30 seconds. 1. Did the Ninth Circuit err so as to warrant summary reversal by refusing qualified immunity without identifying any precedent finding a Fourth Amendment violation based on similar facts and, indeed, overriding its own cases holding an officer would not violate the Constitution under the circumstances the jury found?