Brooks v. Gaenzle

BRORBY, Circuit Judge.

Appellant Keith Clayton Brooks, Jr., appeals the district court’s grant of summary judgment in favor of Appellees Steve Gaenzle and Paul Smith — deputies with the El Paso County, Colorado Sheriffs Department — in his civil rights actions against them pursuant to 42 U.S.C. § 1983 and his state tort action pursuant to Colorado Revised Statute § 13-80-119. 1 The crux of Mr. Brooks’s appeal centers on his argument Deputies Gaenzle and Smith violated his Fourth Amendment right to be free from unreasonable seizure by use of excessive force when they shot him after he fled the…