Neal N. Browder, et al. v. S. R. Nehad, et al.

Shortly before midnight on April 29, 2015, a bookstore clerk saw Fridoon Rawshan Nehad in an alley. Nehad, who was incoherent, pulled a knife out of his backpack and said he was going to kill people. Nehad lunged at the clerk with the five-inch knife, but did not stab him. Nehad later went into the bookstore and said, at least five more times to the same bookstore clerk, that he was going to hurt or kill people. After Nehad left, the clerk called 911. A San Diego police dispatcher assigned this “hot call” the highest priority and informed officers there was a man threatening people with a knife. San Diego Police Officer Neal Browder responded to the emergency call. Pulling into a nearby alley only minutes later, Officer Browder saw Nehad and confirmed the suspect’s description from the call. Officer Browder got out of his patrol car and saw Nehad walking towards him with a metallic and shiny object held in a pointed fashion. As Nehad moved towards Officer Browder, Officer Browder fired his weapon. The total time from Officer Browder’s arrival to the time he fired his weapon was 33 seconds. Nehad’s parents and estate sued to recover damages for Nehad’s death, but the District Court found that Officer Browder enjoyed qualified immunity from suit and granted the Defendants’ motion for summary judgment. The United States Court of Appeals for the Ninth Circuit reversed the District Court’s order. Did the Ninth Circuit err in denying qualified immunity to a police officer who responded to a midnight emergency call about a suspect threatening