10th Circuit grants immunity to officers for fatal Manitou Springs shooting

The Denver-based federal appeals court ruled on Wednesday that responding officers from Manitou Springs and El Paso County cannot be held constitutionally liable for shooting and killing a man after a 20-minute standoff.

Wilford Deweese allegedly pulled out a gun in self-defense at a Manitou Springs bar, prompting a call to 911. Officers cornered him next to a building and gave commands, but Deweese stayed put. Eventually, a sheriff’s deputy arrived with a K9 and threatened to use the dog to bite Deweese. Twenty minutes after the standoff began, the dog’s handler ordered the dog to attack and Deweese pulled out his handgun. The officers shot Deweese and Deweese shot the dog. Both died.

Deweese’s surviving relatives sued the officers for excessive force. A trial judge found the defendants were entitled to qualified immunity, a judicially created doctrine that shields government officials from civil liability unless they violate a person’s constitutional rights as clearly established by prior court decisions…

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