Estate of Bing Ex Rel. Bing v. City of Whitehall

OPINION

ROGERS, Circuit Judge.

This is an interlocutory appeal seeking reversal of the district court’s summary judgment order denying qualified immunity to the defendant police officers. We reverse in part and affirm in part.

On the evening in question, decedent William Bing fired a gun into the air and into the ground near his home, which prompted witnesses to telephone the Whitehall police. Upon arriving at the scene, the police learned from witnesses that Bing had retreated into his home. The police, backed up by the S.W.A.T. team, surrounded Bing’s house, attempted to communicate with Bing,…