5th Circ. Affirms Off-Duty Deputy's Deadly Force Immunity

By Hannah Albarazi (April 22, 2021, 10:36 PM EDT) -- The Fifth Circuit on Wednesday affirmed qualified immunity granted to an off-duty Texas sheriff's deputy whom a motorist accused of using deadly force, finding that the off-duty deputy believed the motorist was reaching into her waistband for a weapon and that his reaction — shooting her multiple times — was reasonable, and therefore protected.

In a published opinion, the Fifth Circuit panel affirmed a Texas federal judge's grant of qualified immunity from liability to Bexar County Sheriff's Deputy Brandon Lee Doege, saying he used force against the motorist, plaintiff Inessa Batyukova, only after she had started to reach behind her back...

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