75 F.3d 190 (5th Cir. 1996) Cited 2,601 times
Holding that disputed issues of fact precluded summary judgment on qualified immunity grounds where officer asserted that victim "was holding a semi-automatic pistol, loaded the pistol with ammunition, and leveled it at him from the passenger's side of the vehicle," but three witnesses testified that victim "took no threatening action toward" the officer, and officer and witnesses’ accounts conflicted whether the officer had issued any orders to the victim before shooting and disputed whether the victim "was even holding the pistol or pointing it at" the officer