Porter v. MASSARELLI

Phipps, Judge.

Paul Leroy Porter, Jr., appeals the trial court’s grant of summary judgment to police officer Victor B. Massarelli on his claims alleging that Massarelli had used excessive force against him when Massarelli shot him during a traffic stop. Finding that genuine issues of material fact exist, we reverse.

“We review the trial court’s grant of summary judgment de novo to determine whether the evidence, viewed in the light most favorable to the nonmoving party, demonstrates a genuine issue of material fact.” Viewed in this light, the evidence showed that on June 17, 2005, at about…