Christopher Zook, et al. v. Scott Fuqua

Video evidence standard at Rule 12(b)(6). Whether a district court may, or must, consider objective video evidence at the motion-to-dismiss stage when that evidence is central to the complaint and blatantly contradicts or utterly discredits the allegations of a plaintiff's complaint in a 42 U.S.C. § 1983 excessive-force action, given a circuit split between the Sixth and Eleventh Circuits (which permit consideration of such videos) and the Tenth Circuit (which does not)?

False Plausibility. Whether a § 1983 plaintiff can satisfy the plausibility standard of Ashcroft v. Iqbal, 556 U.S. 662 (2009), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), by strategically omitting known facts, here, that the decedent fled the police in a reckless manner by vehicle, fired a weapon at officers just prior to being shot, and was running toward an occupied civilian vehicle at the time of the shooting, when including those facts would defeat the claim?

Clearly established law and Tennessee v. Garner. Whether Tennessee v. Garner, 471 U.S. 1 (1985), standing alone, clearly establishes a Fourth Amendment violation sufficient to defeat qualified immunity at the pleading stage in a factually complex officer-involved shooting in which the decedent had moments earlier fired a weapon at officers, ignored repeated commands, and fled toward an occupied civilian vehicle, contrary to this Court's repeated instructions that clearly established law must be defined with specificity and particularity to the facts