James v. Bartelt

1. Whether the Third Circuit’s deci sion to exercise jurisdiction over an appeal of the District C ourt’s deni -al of qualified immunity on a motion for summary judgment is in conflict with Johnson v. Jones and its own precedent? 2. Whether the Third Circuit’s ruling that inex -plicably deviates from the Third Circuit’s prec edent in Bennett v. Murphy is an error of law? 3. Whether an officer who testifies that he was not in fear of his life or the lives of others nor did he feel threatened by Gibbons before fatally shooting a suspect be entitled to qualified immunity? 4. Whether the Third Circuit erred as a matter of law when it interpreted this C ourt’s holdings in White v. Pauly and Kisela v. Hughes as creating a new standard of review to the established law when it granted Bartelt absolute immunity for his use of deadly force against a suicidal suspect?