From the introduction of last week’s decision in Henry v. Purnell, handed down by the Fourth Circuit:
Robert Purnell, a deputy sheriff in Somerset County, Maryland, attempted to execute a warrant for Frederick Henry’s arrest. Henry fled on foot and Deputy Purnell gave chase, mistakenly drawing his firearm, instead of his taser, and shooting Henry in the elbow. As a result of this incident, Henry filed a § 1983 suit against Deputy Purnell in the United States District Court for the District of Maryland, asserting that Purnell used excessive force in effecting his arrest. The district court ultimately concluded that Deputy Purnell’s mistake was reasonable and granted his motion for summary judgment. For the following reasons, we affirm in part and reverse in part the judgment of the district court, and remand with instructions.
Thanks to FourthAmendment.com for the link.