Page:Tenorio v Pitzer 10th Circuit.pdf/34

 this evidence, the district court concluded that “a reasonable jury could find that Defendant and the other officers acted recklessly by barging into the residence with deadly force deployed." Appellant's App. at 212.

In my view, the district court ignored the importance of the officers' impressions after interacting with a frantic and “clearly frightened” Ms. Valdez and after hearing that an intoxicated, window-breaking, man with a violent history had been waving a knife around in the home with family members nearby. Those facts alone justified the officers' entrance into the home to separate the family members from the possible threat. They were well on their way to doing so when Tenorio entered the living room and headed for the officers. For Officer Pitzer to avoid liability, the district court seems to require that the officers have “attempt[ed] to resolve the situation verbally (as for example by calling into the residence directing the occupants to come outside). . . ." Appellant’s App. at 211. This runs counter to the rule that "[t]he 'reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight." Graham, 490 U.S. at 396. It also violates our own direction that “[w]e are not well-suited to act as a police supervisory board, making finely calibrated determinations of just what type of misbehavior justifies just what level of 21