• Use of Deadly Force; Duty to Warn
• Qualified Immunity in a Use-of-Deadly-Force Case

Qualified immunity from civil liability in a case where deadly force is used is not available in a case where discrepancies in the evidence are better left to a jury to decide.  A police officer contemplating the use of deadly force has a duty to warn a suspect when at all practicable to do so under the circumstances.

**UPDATE 05/10/2023:   On May 4, 2023, this opinion was withdrawn and a rehearing granted upon resignation from the bench by one of the affirming justices and his replacement with another.  A change in justices hearing the case apparently is going to reverse this decision and, as a result, grant Officer Agdeppa qualified immunity.  However, this occurrence does not change the basic rule that when at all feasible, an officer should warn a suspect when deadly force is about to be used.**

On October 29, 2018, Los Angeles Police Officers Edward Agdeppa (5’1” and 145 pounds) and Perla ....