Joan Kedra v. Richard Schroeter

It is undeniable that this tragic death never should have occurred and it is indisputable that defendant Schroeter should have known better than to point a gun at another officer without following proper safety precautions. So at first glance, it is difficult to find fault with the majority’s compelling discussion of why Schroeter’s conduct shocks the conscience. Nonetheless, I file this concurrence to explain my belief that the District Court’s judgment should be reversed on narrower grounds than those on which the majority relies.

I

“Qualified immunity shields government officials from civil…