Excessive Force Claim Denied

Estate of Larsen v. Murr, 2008 WL 40020 (1/2/08)(Published) - An officer did not use excessive force when he shot dead a man, who had previously threatened violence against himself and others, and who refused to obey repeated orders to put down a knife with a blade over a foot long, and while holding the high ground from 7 to 20 feet away, took a step toward the officer. The distance is only one factor and not determinative. The barriers in between [retaining wall, shrubbery, and iron railing], could have been used to the plaintiff's advantage.