Janet Schroer won an appeal in the Ninth Circuit Court of Appeals, reversing the District Court’s ruling denying qualified immunity to two police officers based on what the court found were issues of fact. Plaintiff sued under 42 USC § 1983 alleging the excessive use of force against a suspect who was fleeing after 911 calls reported he had committed violent crimes, after the suspect stopped on a dark street, turned and displayed a shiny object perceived as a knife. At issue were both jurisdiction to hear the interlocutory qualified immunity appeal and the officers’ entitlement to qualified immunity. The Ninth Circuit Court of Appeals held it had jurisdiction to determine whether the defendant officers violated clearly established law in using lethal force, viewing the facts in the light most favorable to plaintiff. The court held that no clearly established law put defendants on notice that what they did violated the suspect’s Fourth Amendment right against excessive use of force.