Brett Ferris v. Chrystal Scism, Individually and as Administratrix of the Estate of Joshua Scism

Does the doctrine of qualified immunity shield a police officer from suit (not merely from judgment) where his/her split-second decision to deploy lethal force was made after being confronted by a suspect who, while disregarding commands to get on the ground, pulls a semi-automatic handgun from his waistband just feet away from the officer? In this matter, three plain clothes Detectives of the Schenectady Police Department were seated in a van in a high crime neighborhood preparing for a controlled narcotics buy when an unknown male confronted them on evening of June 13, 2016, telling them to get off his street. After the Detective in the driver’s seat verbally placated the male, he proceeded to the front of the van where he lifted his shirt revealing a 9MM semi-automatic handgun tucked in his rear waistband and grabbed the handle with his right hand. During the next five (5) seconds, two Detectives exited the van, drew their weapons, exposed their badges and yelled three (3) commands for the male to get on the ground. The male suspect did not comply with any of the commands while crossing the street. Instead, he reached back with his right hand and pulled the handgun from his shorts prompting the Detective who was in the middle of the street nearest the male suspect (Petitioner herein) to fire six shots, one of which struck the male suspect in the back of the head.