Page:Tenorio v Pitzer 10th Circuit.pdf/22

 approach leaves officers at grave risk, one we have not previously required them to take. See Estate of Larsen, 511 F.3d at 1260 (noting that a reasonable officer need not await the "glint of steel" before taking self-protective action, which, by then, is often too late).

In short, I believe the majority has derailed our qualified-immunity analysis from its previously sensible course, and rerouted it away from Supreme Court and Tenth Circuit precedent. Its quick knockout punch to qualified immunity absent charging, slashing, and stabbing precludes officers from firing shots even when a knife-wielding man gets within, or extremely close to, stabbing range so long as he gets there by walking (not charging) and has positioned his knife for a quick thrust (without the fanfare of menacingly waving it before striking).

Before explaining why I believe the district court erred in denying summary judgment for qualified immunity, I pause to review the facts that the district court found. In its order denying summary judgment, the district court found facts and adopted transcripts that provide additional undisputed facts:

On November 11, 2010, at 7:56 p.m., Hilda Valdez, Tenorio’s sister-in-law, called 911, saying, "I need someone to come over here right away." She said that Tenorio was intoxicated and holding a knife to his throat. She expressed fear that he would hurt himself or his wife. She advised that he had broken some windows and was saying that he was going to slice his throat. She again said that "I’m afraid he's gonna hurt his wife." Later, she repeated that he was threatening to kill himself and expressed fear that he might "do bodily harm" to his wife. She said he was waving around a very sharp knife. The dispatcher tried to calm her, telling her to take a deep breath. Ms. Valdez said, "Please hurry! Please hurry! Oh, god. Oh, god. Oh,  9