Isayeva v. Sacramento Sheriff's Department

OPINION

GOULD, Circuit Judge:

On February 18, 2013, Sacramento County Sheriffs Deputy Sean Barry tased and fatally shot Paul Tereschenko inside the home of Tereschenko’s father-in-law. Tereschenko’s wife, Diana Isayeva, brought this action under 42 U.S.C. § 1983 alleging, among other claims, 1 excessive force in violation of the Fourth Amendment. The district court denied summary judgment for Deputy Barry. We reverse and remand, holding that Deputy Barry is entitled to qualified immunity.

I

The facts of this case are tragic. They involve a combination of mental illness, drug abuse, and domestic…