The court of appeals reversed a judgment of the district court and remanded. The court held that in the face of material factual disputes, it was inappropriate on summary judgment in a federal civil rights action to find that a law enforcement officer’s mistake of her firearm for her Taser was reasonable.
Everardo Torres was arrested, handcuffed, and placed in a patrol car by law enforcement officers of the City of Madera. Everardo began yelling and kicking the rear car door from the inside. Officer Marcy Noriega responded. Noriega intended to use her Taser, but mistook her Glock handgun for her Taser and fatally shot Everardo.
