...According to a joint amicus brief by the ACLU, the Institute for Justice, the Center for Constitutional Rights, the Leadership Conference, and the National Police Accountability Project, this standard from the Tenth Circuit “creates a disturbing gap in accountability” with “wholly arbitrary results.”

For instance, “so long as the person he shoots does not halt,” an officer could execute lethal force and not be bound by the Fourth Amendment, “even if the officer has no reason to believe his target poses a danger, has no probable cause to arrest the person, and indeed has no reason whatsoever for singling out this particular individual,” the joint brief explained. ...

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