Fancher v. Barrientos

MURPHY, Circuit Judge.

I. Introduction

Defendant Johnny Barrientos, a deputy of the Doña Ana County Sheriffs Department, appeals the district court’s denial of his motion for summary judgment in a 28 U.S.C. § 1983 action brought by Lucia Fancher, individually and on behalf of the estate of her son, Nick Dominguez. Fancher alleges Barrientos used excessive force in violation of the Fourth Amendment when he shot Dominguez seven times following a confrontation in Mesquite, New Mexico. Dominguez died as a result of one or more gunshot wounds. Barrientos asserts he is entitled to qualified immunity…