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                        PUBLISHED
    

              UNITED STATES COURT OF APPEALS
    

                  FOR THE FOURTH CIRCUIT
    

    ------------------------------------------------*

    ROBERT CLEM,

    Plaintiff-Appellee,

    v.

    S. CORBEAU,

    Defendant-Appellant,

              and                         No. 01-1799
    

    COUNTY OF FAIRFAX, VIRGINIA; J.

    THOMAS MANGER, individually and

    as chief of Police of Fairfax

    County; E. NELSON, individually and

    as Police Officer of Fairfax County,

    VA,

    Defendants.

    ------------------------------------------------*

       Appeal from the United States District Court
    for the Eastern District of Virginia, at Alexandria.
            T. S. Ellis, III, District Judge.
                      (CA-00-1684-A)
    

                 Argued: January 24, 2002
    

                 Decided: March 25, 2002
    

     Before MOTZ, KING, and GREGORY, Circuit Judges.
    

    ____________________________________________________________

    Affirmed in part and dismissed in part by published opinion. Judge

    Motz wrote the opinion, in which Judge King and Judge Gregory

    joined.

    ____________________________________________________________

                         COUNSEL
    

    ARGUED: Cynthia Lee Tianti, Assistant County Attorney, Fairfax,

    Virginia, for Appellant. Brien Anthony Roche, JOHNSON &

    ROCHE, McLean, Virginia, for Appellee. ON BRIEF: David P.

    Bobzien, County Attorney, Robert Lyndon Howell, Deputy County

    Attorney, Fairfax, Virginia, for Appellant.

    ____________________________________________________________

                         OPINION
    

    DIANA GRIBBON MOTZ, Circuit Judge:

    This appeal arises from a telephone call that Aster Clem made from

    her Fairfax County, Virginia home to the local police department,

    asking for help with her 58-year old husband, who suffers from

    dementia, depression, and various physical problems. Mrs. Clem told

    the police dispatcher that Mr. Clem had stopped taking the medication

    prescribed for his mental illnesses and that his condition was poor: he

    had been urinating on himself and the floor, dropping lit cigarettes on

    the carpet, not eating for three days, and refusing to see his doctor,

    move, or "do anything." Officers Shannon Corbeau and Eric Nelson

    responded to the dispatch call, arriving simultaneously at the Clems'

    home. Within a short time after their arrival each officer had sub-

    jected Mr. Clem to pepper spray, and Officer Corbeau had shot Mr.

    Clem three times, severely injuring him; neither officer suffered any

    injury.

    Subsequently, Mr. Clem filed this action, alleging that the individ-

    ual officers had used excessive force in violation of his constitutional

    rights and state tort law, and that Fairfax County and its police chief

    had failed to provide the officers with adequate training and supervi-

    sion. The district court granted summary judgment to the County, the

    police chief, and Officer Nelson on all claims, but denied summary

    judgment to Officer Corbeau on one excessive force claim and the

    state law claims. We affirm in part and dismiss in part.

                            I.
    

    Aside from the skeletal account set forth above, the parties sharply

    disagree about virtually all relevant facts. The following summary

                            2
    

    generally sets forth the facts in the light most favorable to the non-

    moving party, here Mr. Clem. See Winfield v. Bass, 106 F.3d 525, 534

    (4th Cir. 1997) (noting that an appellate court must consider "the

    actual evidence presented viewed in the light most favorable to the

    nonmoving party" when, as here, the appealing official asserts that the

    district court ignored undisputed material facts dictating entitlement

    to qualified immunity). However, we have also included some facts

    that Clem disputes in order to provide a better understanding of the

    controversy.

    After the dispatcher received Mrs. Clem's call on November 9,

    1998, he issued a message asking patrol officers near the Clem home

    to render assistance, characterizing the call as a "mental." Officers

    Corbeau and Nelson arrived at the Clems' small split-level home

    simultaneously. They were met at the front door by Paulos Yacob, a

    nephew who was there to assist in persuading Mr. Clem to see his

    doctor. Yacob gave the officers further information about Mr. Clem's

    condition and led them upstairs to the small breakfast nook where the

    Clems were sitting.

    It was apparent to both officers that Mr. Clem was mentally ill,

    and, in Officer Corbeau's words, "out of it." (Mr. Clem has no mem-

    ory of what took place during the police response; the account that

    follows depends on the testimony of other witnesses and on available

    physical evidence.) The officers recall that Mr. Clem's appearance

    was "unkempt," and that he sat at the breakfast table smoking, with

    his head down, staring blankly at the floor. At one point a cigarette

    dropped from Clem's fingers onto the carpet, where he let it lie until

    it was stamped out by Officer Nelson. Both officers testified that they

    observed no bulges in Clem's pockets or waistline nor anything in his

    open shirt indicating the presence of a weapon. In short, Clem was

    neither responsive nor threatening but, in Officer Corbeau's words,

    "real calm."

    The officers began talking with Mrs. Clem and Yacob, and after a

    few minutes were able to attract Mr. Clem's attention. At first Mr.

    Clem seemed open to persuasion and agreed to go see his doctor.

    Judging that the situation was under control, Officer Nelson radioed

    the dispatcher "to say no other units are needed." As Mr. Clem kept

    talking, however, he apparently began to change his mind. He may

                            3
    

    also have become confused - the officers remember him making

    incoherent or nonresponsive statements. He complained that his chest

    was hurting, and that the doctors would not be able to help him.

    Shortly, Mr. Clem became agitated.

    Officer Corbeau maintains that Clem patted his pocket and threat-

    ened Corbeau, saying "I got something right here that can kill you."

    But no one else present in the small breakfast nook - Mrs. Clem,

    Yacob, and Officer Nelson - recalls hearing this statement. Mrs.

    Clem has testified that her husband neither made any threat nor said

    he had anything in his pocket. Officer Nelson asserts that Clem did

    "reach[ ] for his pocket, feeling it," but that "[t]here was nothing

    there." Indeed, Officer Nelson further testified that "[t]hroughout the

    period of time that [he] w[as] in the Clem home" he was "satisfied

    that Robert Clem did not have a weapon." As the conversation contin-

    ued, Mr. Clem went "red in the face" and stood up, raising his empty

    hands. According to Corbeau, Clem again verbally threatened him;

    but the other witnesses testify that they heard no threat. Mrs. Clem

    remembers, instead, that Officer Corbeau had provoked her husband

    by "standing right in front of him and . . . yelling at him," insisting

    that he go to his doctor.

    At this point, Officer Corbeau discharged a cloud of pepper spray

    that struck Mr. Clem and, both officers agree, quickly disabled him.

    According to Corbeau, Clem "backed up rather quickly" and "grabbed

    his eyeballs." Nelson testified that Clem was "disabled" and "dismay-

    [ed]," "feeling the effects" of the pepper spray; Clem made a "moan-

    ing sound or groaning," and "motion[ed] about his eyes, grabbing his

    face." Mr. Clem, Officer Nelson testified, was "not being aggressive

    to anyone."

    Officer Nelson then went to assist Mrs. Clem and Yacob, who had

    also been struck by some of the pepper spray. He led the two of them

    out of the breakfast area, and through the living room and down a

    hallway to the bathroom, where they could wash off the pepper spray.

    Nelson then descended a flight of stairs, leaving his partner alone on

    the second floor with Mr. Clem, and poked his head outside to spit

    the taste of pepper spray into the street. He called for medical assis-

    tance and a supervisor, but did not warn of any danger or ask for any

    backup.

                            4
    

    When Officer Nelson finished the call, about two minutes after the

    spraying, he walked back up the stairs and found Mr. Clem in the liv-

    ing room. Before long, Clem began to recover from the pepper spray

    and began cursing at and walking toward Nelson; the officers agree

    that Clem's hands were open and out in front of his body. The officers

    have described Mr. Clem's movements variously as "grabbing,"

    "flailing," and "waving his arms around." Nelson backed a few feet

    away from Clem, and, when Clem continued walking, Nelson hit him

    in the face with a sustained stream of pepper spray lasting several sec-

    onds.

    According to Corbeau, who was watching from a few feet away,

    Clem turned away from Nelson immediately. And, both officers

    agree, Clem made either "no contact" at all or just "brushed" Nelson's

    arm. Nelson contends that the pepper spray had no effect on Clem,

    but offers no other explanation as to why Clem stopped moving

    toward him; indeed, Nelson testified that although he did not punch,

    push, or otherwise physically force Clem, nevertheless Clem did turn

    away. As soon as he turned, Clem went around a table in the middle

    of the room, toward the hallway that led to the bathroom. Mrs. Clem,

    who was still in the bathroom, heard her husband breathing with great

    difficulty, as though the pepper spray had constricted his nose and

    throat.

    At this moment Officer Corbeau, still watching Mr. Clem and Offi-

    cer Nelson, stood near the head of the hallway with his 26-inch, metal

    baton fully extended in his left hand. Corbeau maintains that he told

    Clem to "get back" and that Clem only snarled and threatened him.

    Mrs. Clem, just a few feet from Corbeau, recalls no such warning

    from Corbeau, or threat from Mr. Clem - only that her husband was

    making a noise that sounded like "hah, hah, hah" as a result of his

    breathing difficulty. Officer Corbeau then backed about four feet

    down the 15-foot hallway until he was even with the (open) bathroom

    door. Although Corbeau now asserts that Clem rapidly "charged"

    him, both officers originally told police investigators that Mr. Clem

    was "not running," but rather "stomping" forward in a "very odd"

    manner like a "robot," with his hands open and waving in front of

    him, movements consistent with his recent subjection to pepper spray.1

    ____________________________________________________________

    1 All of the witnesses have given several accounts of these events, some

    to police investigators and others during litigation, and on a number of

                            5
    

    Mrs. Clem and Yacob, who were still in the bathroom, saw Cor-

    beau come into view in the hall through the bathroom doorway. They

    next saw Officer Corbeau unholster his duty weapon, place the

    weapon in his right hand, and, without telling Mr. Clem that he must

    stop or be shot, fire down the hallway three times in quick succession

    directly at Mr. Clem. One bullet went through Mr. Clem's leg; two

    more lodged in his intestines.

    Officer Nelson, who was less than five feet behind Mr. Clem when

    the shots were fired, testified that he was "shocked" and "surprised"

    by the shooting. It is undisputed that Officer Nelson's immediate

    reaction was to call out: "No!" Nelson had been following Clem,

    more or less keeping pace but a few steps behind him. Nelson had not

    unholstered his own weapon, and apparently did not expect his part-

    ner to do so, either; his pursuit took him directly into Corbeau's line

    of fire, and Nelson was fortunate not to be hit by an errant round. Nei-

    ther he nor Officer Corbeau was injured in any way, and no weapons

    were found on or around Mr. Clem.

    On September 1, 2000, Mr. Clem filed suit in state court, alleging

    that Officers Corbeau and Nelson had used unconstitutionally exces-

    sive force when they subjected him to pepper spray and that Corbeau

    had also done so when he shot Clem three times. In addition, Clem

    alleged that Fairfax County and its police chief should be held liable

    for failure to provide adequate training and supervision. Finally, he

    brought state law claims for gross negligence, assault, and battery.

    After the defendants removed the case to federal court, Clem

    moved for partial summary judgment with respect to his claims

    against Officer Corbeau, and the defendants moved for summary

    judgment on all claims. The district court granted summary judgment

    to the County, the police chief, and Officer Nelson on all claims. The

    ____________________________________________________________

    points contradict themselves. A conflict between an investigator's notes

    and a sworn statement does not present the situation discussed in Rohr-

    bough v. Wyeth Labs, Inc., 916 F.2d 970, 976 (4th Cir. 1990) (ruling that

    district court was "justified" when it disregarded a sworn statement con-

    flicting with an earlier sworn statement), but a fact finder could certainly

    consider such a conflict in assessing a witness's credibility.

                            6
    

    court granted Officer Corbeau summary judgment on the claim that

    his use of pepper spray constituted excessive force, but denied sum-

    mary judgment to both Mr. Clem and Officer Corbeau on the exces-

    sive force claim that arose from the shooting. Only Officer Corbeau

    appeals. We now consider his contention that he is entitled to quali-

    fied immunity with respect to Clem's excessive force shooting claim,

    but dismiss his interlocutory appeal of denial of summary judgment

    on Clem's state law claims.2

                           II.
    

    The Supreme Court recently clarified that in excessive force cases,

    as in all other cases, entitlement to qualified immunity must be ana-

    lyzed in two steps, which are to be "considered in proper sequence."

    See Saucier v. Katz, 533 U.S. 194, 121 S. Ct. 2151, 2155 (2001). As

    a "threshold question," a court must ask whether, "[t]aken in the light

    most favorable to the party asserting the injury, . . . the facts alleged

    show [that] the officer's conduct violated a constitutional right." Id.

    at 2156. If the answer is "no" then the analysis ends; the plaintiff can-

    not prevail. Id.

    ____________________________________________________________

    2 The order denying Corbeau's motion for summary judgment on the

    excessive force claim is immediately appealable because it involves

    rejection of a qualified immunity defense, which would be "effectively

    lost" if the case were "erroneously permitted to go to trial," and so is a

    final decision under the collateral order doctrine. See Mitchell v. Forsyth,

    472 U.S. 511, 526 (1985). On interlocutory appeal, however, our juris-

    diction is limited to legal issues, e.g., "whether uncontroverted conduct

    represented the use of excessive force," Elliott v. Leavitt, 99 F.3d 640,

    644 (4th Cir. 1996), or "whether the federal right allegedly infringed was

    `clearly established.'" Behrens v. Pelletier, 516 U.S. 299, 313 (1996)

    (citation omitted). Assuming that we have pendent appellate jurisdiction

    of the order denying summary judgment on the state law claims, but see

    Swint v. Chambers County Comm'n, 514 U.S. 35 (1995), the decision to

    exercise such jurisdiction is purely discretionary. DiMeglio v. Hines, 45

    F.3d 790, 808 (4th Cir. 1995). "[T]aking into consideration the factors of

    judicial economy, injudicious intermeddling, and justice in the disposi-

    tion," id. (internal quotation marks and citation omitted), we decline to

    exercise that jurisdiction here, and so dismiss Corbeau's appeal from the

    order denying him summary judgment on Clem's state law claims.

                            7
    

    If the answer is "yes," then "the next, sequential step is to ask

    whether the right was clearly established" at the time of the events at

    issue. Id. This determination must be made "in light of the specific

    context of the case, not as a broad general proposition." Id. If the right

    was not "clearly established" in the "specific context of the case" -

    that is, if it was not "clear to a reasonable officer" that the conduct

    in which he allegedly engaged "was unlawful in the situation he con-

    fronted" - then the law affords immunity from suit. Id. Accordingly,

    the answer to both Saucier questions must be in the affirmative in

    order for a plaintiff to defeat a defendant police officer's motion for

    summary judgment on qualified immunity grounds.

                            A.
    

    We turn, then, to the initial question: whether,"[t]aken in the light

    most favorable to the party asserting the injury," i.e. Clem, "the facts

    alleged show that" Officer Corbeau's "conduct violated a constitu-

    tional right." Saucier, 121 S. Ct. at 2156. Clem maintains that the

    facts outlined above, considered in the light most favorable to him,

    demonstrate that Officer Corbeau violated his Fourth Amendment

    right to be free from the use of excessive force by police officers in

    effecting an arrest or other seizure.

    Indisputably, the Fourth Amendment prohibition on unreasonable

    seizures bars police officers from using excessive force against a free

    citizen, like Clem. See Graham v. Connor, 490 U.S. 386, 395 (1989).

    Whether an officer has used excessive force is judged by a standard

    of objective reasonableness. Id. at 396-97. We do not inquire into an

    officer's motives, intentions, or tendencies, and instead determine

    "whether a reasonable officer in the same circumstances would have

    concluded that a threat existed justifying the particular use of force."

    Elliott, 99 F.3d at 642 (citing Graham, 490 U.S. at 396-97).

    Because this test requires us to determine the reasonableness of an

    officer's actions, it is "not capable of precise definition or mechanical

    application," Bell v. Wolfish, 441 U.S. 520, 559 (1979), but rather "re-

    quires careful attention to the facts and circumstances of each particu-

    lar case." Graham, 490 U.S. at 396. Recognizing that "police officers

    are often forced to make split-second judgments - in circumstances

    that are tense, uncertain, and rapidly evolving" - we take care to

                            8
    

    consider the facts from the perspective of a reasonable officer on the

    scene, and avoid judging the officer's conduct with the "20/20 vision

    of hindsight." Id. at 396, 397. We must determine "whether the total-

    ity of the circumstances justifie[s]" the use of deadly force given all

    the circumstances of the case before us. Tennessee v. Garner, 471

    U.S. 1, 8-9 (1985), quoted with approval in Graham, 490 U.S. at 396;

    see also Rowland v. Perry, 41 F.3d 167, 173 (4th Cir. 1994) (stating

    that courts must avoid making "[a]rtificial divisions in the sequence

    of events," and should instead view the evidence "in full context, with

    an eye toward the proportionality of the force in light of all the cir-

    cumstances").

    In doing so, we must carefully balance "the nature and quality of

    the intrusion on an individual's Fourth Amendment interests against

    the countervailing governmental interests at stake." Graham, 490 U.S.

    at 396 (internal quotation marks and citation omitted). When deadly

    force is at issue, the Supreme Court has long recognized that the

    intrusion on Fourth Amendment rights is "unmatched." Garner, 471

    U.S. at 9 ("The intrusiveness of a seizure by means of deadly force

    is unmatched."). Such force is therefore justified only where a reason-

    able officer would have "sound reason to believe that a suspect poses

    a threat of serious physical harm to the officer or others." Elliot, 99

    F.3d at 642 (citation omitted); see also Garner, 471 U.S. at 11 (stating

    that the Constitution does not permit "the use of deadly force" against

    a person who "poses no immediate threat to the officer and no threat

    to others").

    Officer Corbeau contends that the undisputed facts establish that a

    reasonable police officer in his position would have had sound reason

    to believe that Clem was armed or otherwise sufficiently dangerous

    to justify the use of deadly force. Review of the record evidence sum-

    marized above, however, renders this contention untenable. Unques-

    tionably, Clem has proffered evidence, which, if credited, would lead

    to the conclusion that a reasonable police officer could not have

    believed him to be in possession of a weapon, or otherwise to pose

    a threat of serious harm to anyone at the time of the shooting. To be

    sure, Officer Corbeau has proffered contrary evidence. But the

    Supreme Court has expressly directed that in determining whether a

    plaintiff has stated the violation of the constitutional right to be free

    from excessive police force, the facts are to be"[t]aken in the light

                            9
    

    most favorable to the party asserting the injury," Saucier, 121 S. Ct.

    at 2156, and here that party is Clem.

    Although Corbeau claims to accept Saucier as the governing stan-

    dard, much of his appellate argument is based on ignoring it. For

    example, Corbeau points only to two disputed assertions in maintain-

    ing that a reasonable officer could have believed that Clem was armed.3

    First, he relies on his testimony that Clem patted his pocket in the

    breakfast nook and claimed to have something that could "kill you."

    But Mrs. Clem, who was also in the breakfast nook at the time, denies

    hearing any such threat, or indeed, any reference to anything in her

    husband's pocket. Officer Nelson, for his part, testifies that Mr. Clem

    did not make any threat to kill Corbeau or anyone else, and that,

    although Clem patted his pocket, "[t]here was nothing there." Second,

    Corbeau asserts that while he was en route to the Clem home he

    received a radio message informing him that Clem had threatened his

    wife with a knife five weeks earlier. But Corbeau himself concedes

    that any such report was erroneous (Clem never threatened his wife

    and, in fact she had persuaded him to get in the car to go to the hospi-

    tal before police arrived) and that Nelson, who had answered the ear-

    lier call, "may have" informed Corbeau of the truth before the officers

    ever entered the Clem house on November 9, 1998. Thus, the only

    evidence that Corbeau cites in support of his contention that he rea-

    sonably perceived Clem to be armed on that date is disputed.

    Moreover, whatever Corbeau thought he heard Clem say and what-

    ever he understood about the earlier incident, there is considerable

    evidence that a reasonable officer in Corbeau's position could not

    have perceived that Clem was, in fact, armed on November 9. For

    example, Nelson - and Corbeau himself - have testified that on that

    ____________________________________________________________

    3 We also note that Officer Corbeau's litigating position is at odds with

    the statements he made to police investigators in the months immediately

    after the shooting. In the course of two separate interviews, Corbeau was

    asked why he had shot Clem and did not say he had done so because

    Clem was, or could have been, armed. Later, Corbeau reviewed a tran-

    script of the second of these interviews and, with his signature, attested

    to the truthfulness and accuracy of the answers therein. Corbeau made

    his first contention to the contrary more than a year and a half later, after

    this litigation began.

                            10
    

    day they spent several minutes close to Clem in the small breakfast

    nook and saw nothing to even suggest that Clem was armed - no

    bulges in his pockets or waistline, nor anything in his open shirt. And

    during the crucial moments immediately before the shooting, again

    both Nelson and Corbeau have testified that Clem's hands were obvi-

    ously empty, and that Clem never reached into his pockets or cloth-

    ing. Indeed, notwithstanding Corbeau's litigating position, Officer

    Nelson has testified that "throughout" the encounter in the Clem home

    on November 9 he was "satisfied that Robert Clem did not have a

    weapon."4

    Alternatively, Corbeau contends that even if a reasonable officer

    could not have believed that Clem was armed, such an officer never-

    theless could have believed that Clem posed an immediate threat of

    bodily harm. This contention suffers from the same flawed approach

    as his initial argument. Corbeau again purports to rely on uncontro-

    verted facts, when, in reality, the relevant facts are hotly disputed.

    Thus, Corbeau contends in his appellate brief that it is "undisputed"

    ____________________________________________________________

    4 The facts here, therefore, viewed in the best light for Clem, present

    a very different case than one in which "the evidence conclusively estab-

    lished" that the officers on the scene "perceived" the person shot "to be

    armed." See, e.g., Anderson v. Russell, 247 F.3d 125, 130 (4th Cir. 2001).

    For this reason, Corbeau's reliance on Sigman v. Town of Chapel Hill,

    161 F.3d 782 (4th Cir. 1998), is misplaced. As we recently explained,

    Sigman "addressed a situation in which officers had uncontroverted evi-

    dence of a suspect's dangerousness and knew that the suspect was armed

    and was behaving violently within a residence." Rogers v. Pendleton,

    249 F.3d 279, 292 (4th Cir. 2001) (emphasis added). In that context, the

    Sigman court "held that the statements of persons who claimed to have

    observed, from a cheering mob on the other side of the street, that the

    suspect was unarmed did not create a triable issue of material fact where

    the officers closest to the encounter unanimously . . . perceived the sus-

    pect to be armed." Id. (emphasis added and citation omitted). Here there

    is no "uncontroverted evidence" that Clem was armed or "unanimously

    perceived to be armed" by officers on the scene; indeed, Corbeau's pres-

    ent account is disputed not only by Clem's wife and nephew, who were

    close at hand and not across the street, but also by Corbeau's fellow offi-

    cer, Nelson, and even by some statements made by Corbeau himself.

    And, unlike in Sigman, no weapon was found on or near Mr. Clem after

    the shooting.

                            11
    

    that "multiple" uses of pepper spray did "not deter[ ]" Clem, and that,

    after being sprayed, the "much larger" Clem rapidly "charg[ed]" Cor-

    beau, leaving Corbeau no choice but to shoot.

    But actually each of these points is disputed. As for the effective-

    ness of the pepper spray, Corbeau himself told police investigators

    that after the first dose, Clem "grabbed his eyeballs" and "backed up";

    Officer Nelson agreed that Clem was "disabled" and "feeling the

    effects" of pepper spray, "moaning," "grabbing his face" and "not

    being aggressive." The officers' accounts of Mr. Clem's movements

    in the living room, after the second spraying, suggest that Clem was

    affected again. Certainly, neither officer has offered any other expla-

    nation of why Clem turned away from Nelson, without making con-

    tact, "as soon as he got maced." With regard to Clem's size

    advantage, although Clem was larger than Corbeau (6'0" and 220

    pounds versus 5'10" and 175 pounds), there is a dispute as to whether

    Clem could have appeared threatening to a reasonable officer in the

    position of Corbeau. Clem was 58 years old, assertedly blinded and

    gagging from pepper spray, and known to the officers to be mentally

    ill and a heavy smoker who had refused to move or eat for days; Cor-

    beau, in sharp contrast, was a 28-year old, recently discharged Marine

    with a 26-inch metal baton in hand and Clem in front of him. Finally,

    as to Clem's rapid "charging" of Corbeau, police investigators who

    questioned the officers after the incident testified that both Corbeau

    and Nelson initially characterized Clem as "not running" but as

    "step[ping]" in an awkward manner.

    In sum, viewed in the light most favorable to Clem, the evidence

    is that Corbeau shot a mentally disabled, confused older man, obvi-

    ously unarmed, who was stumbling toward the bathroom in his own

    house with pepper spray in his eyes, unable to threaten anyone. Of

    course, Clem ultimately may not be able to prove these facts, but, if

    he can, it would require no improper second-guessing, or the applica-

    tion of "20-20 . . . hindsight," to conclude that Officer Corbeau vio-

    lated Mr. Clem's Fourth Amendment right to be free from excessive

    police force. Graham, 490 U.S. at 396.

                            B.
    

    Having determined that Clem has alleged a violation of a constitu-

    tional right, we must now proceed to the second sequential step of the

                            12
    

    Saucier analysis - determination of whether Officer Corbeau is

    nonetheless entitled to qualified immunity from suit.

    Again, the standard is one of objective reasonableness: "whether a

    reasonable officer could have believed [the conduct at issue] to be

    lawful, in light of clearly established law and the information the

    . . . officers possessed." Anderson v. Creighton, 483 U.S. 635, 641

    (1987). In other words, we must ascertain whether in using excessive

    force the officer made a "reasonable mistake[ ] as to the legality of

    [his] actions." Saucier, 121 S. Ct. at 2159. We may assume that Cor-

    beau subjectively believed that the force he used was not excessive;

    that, however, is not the question. The question is "whether it would

    be clear to a reasonable officer that his conduct was unlawful in the

    situation he confronted." Id. at 2153. Applied in this manner, the test

    "operates . . . to ensure that before they are subjected to suit, officers

    are on notice their conduct is unlawful." Id. at 2158 (internal quota-

    tion omitted).

    To carry out this analysis, we must consult relevant case law to

    determine whether a closely analogous situation had been litigated

    and decided before the events at issue, making the application of law

    to fact clear. See Wilson v. Layne, 526 U.S. 603, 617 (2000). In doing

    so, however, we must also keep in mind the Supreme Court's warning

    that this is not a mechanical exercise, and that the test is not whether

    "the very action in question has previously been held unlawful," but

    rather, whether pre-existing law makes the unlawfulness of an act

    "apparent." Anderson, 483 U.S. at 640.

    Accordingly, a constitutional right is clearly established for quali-

    fied immunity purposes not only when it has been "specifically adju-

    dicated" but also when it is "manifestly included within more general

    applications of the core constitutional principle invoked." Buonocore

    v. Harris, 65 F.3d 347, 357 (4th Cir. 1995) (quoting Pritchett v.

    Alford, 973 F.2d 307, 314 (4th Cir. 1992)). Thus, "when `the defen-

    dants' conduct is so patently violative of the constitutional right that

    reasonable officials would know without guidance from the courts'

    that the action was unconstitutional, closely analogous pre-existing

    case law is not required to show that the law is clearly established."

    Mendoza v. Block, 27 F.3d 1357, 1361 (9th Cir. 1994) (quoting Cast-

    eel v. Pieschek, 3 F.3d 1050, 1053 (7th Cir. 1993)). To hold otherwise

                            13
    

    would allow an officer who understood the unlawfulness of his

    actions to escape liability simply because the instant case could be

    distinguished on some immaterial fact, or worse, because the illegal-

    ity of the action was so clear that it had seldom before been litigated.

    See, e.g., K.H. ex rel. Murphy v. Morgan, 914 F.2d 846, 851 (7th Cir.

    1990).

    In the case at hand, Clem has profferred evidence that Officer Cor-

    beau shot and severely injured him, even though a reasonable police

    officer in Corbeau's position would have perceived Clem to be

    unarmed, blinded, and stumbling, in no condition to pose any threat

    to the officer. On this set of facts, the law in 1998 provided clear

    guidance to a police officer that he was not free to use deadly force.

    Certainly, it was well established, as the district court found, that

    Clem had a right "to be free from the use of deadly force absent a

    belief by the officer that [he] pose[d] a threat of serious physical

    harm." Clem v. County of Fairfax, 150 F. Supp. 2d 888, 893 (E.D. Va.

    2001) (citing Garner, 471 U.S. at 11; Elliott, 99 F.3d at 642-43; Foote

    v. Dunagan, 33 F.3d 445 (4th Cir. 1994); McLenagan v. Karnes, 27

    F.3d 1002, 1007 (4th Cir. 1994); Slattery v. Rizzo, 939 F.2d 213, 216

    (4th Cir. 1991)).5 Speaking with somewhat more specificity, the

    Supreme Court had expressly stated thirteen years before that "deadly

    force" may not be used by a "police officer . . . [to] seize an unarmed

    ____________________________________________________________

    5 Although the district court properly relied on Garner and our prece-

    dents to reach the above holding, the court later incorrectly observed that

    "police officers cannot use deadly force against a mentally ill person who

    is neither armed nor reasonably perceived to be armed, and who has

    committed no crime, merely because of a fear that the person might take

    the officer's weapon." Clem, 150 F. Supp. 2d at 895. Actually, the law

    is clear that a reasonable officer is sometimes authorized to use deadly

    force against an unarmed, mentally ill person, i.e., when the officer has

    a "sound reason to believe" that such a person "poses a serious threat to

    [his] safety or the safety of others." Elliott, 99 F.3d at 644. The district

    court also erroneously suggested that Corbeau's subjective "actual belief

    at the time of the shooting" had some relevance in determining his enti-

    tlement to qualified immunity. See Clem, 150 F. Supp. at 895. In fact, an

    officer's entitlement to qualified immunity depends not on his subjective

    beliefs but rather on "the objective (albeit fact-specific) question whether

    a reasonable officer could have believed [the relevant conduct] to be law-

    ful." Anderson, 483 U.S. at 641 (emphasis added).

                            14
    

    nondangerous suspect." Garner, 471 U.S. at 11. In this case, of

    course, there can be little doubt that Clem has offered evidence that

    he was "nondangerous" and that firing three shots at close range was

    an application of force that could have killed him. Therefore, on the

    basis of Garner alone, (which the Supreme Court decided in 1985),

    we would have to conclude that the constitutional right at issue in this

    case was "clearly established" in November 1998.

    We also note, however, that no post-Garner case even suggests to

    the contrary, and that several courts applied Garner years before 1998

    to deny qualified immunity when officers used deadly force to arrest

    assertedly unarmed and non-threatening persons inside their homes.

    See McKinney ex rel. McKinney v. DeKalb County, 997 F.2d 1440,

    1443 (11th Cir. 1993); Samples ex rel. Samples v. City of Atlanta, 846

    F.2d 1328 (11th Cir. 1988); see also Cooper v. Merrill, 736 F. Supp.

    552, 559-61 (D. Del. 1990). The lack of more cases with similar facts

    is due to the clarity, rather than the ambiguity, of the Garner rule.

    Indeed, in this circuit, we have found only one case in which an offi-

    cer sought qualified immunity on facts like those alleged by Clem,

    and there we concluded that the officer's appeal of the denial of quali-

    fied immunity was so lacking in novelty as not to merit publication.

    See Haddaway v. Ellerbusch, 996 F.2d 1211, 1993 WL 238997 (4th

    Cir. June 30, 1993) (affirming denial of immunity to an officer who,

    when responding to 911 call, allegedly shot a large woman with his-

    tory of violent behavior, who was "angry," holding a pair of scissors,

    and standing a few feet from the officer). As the Seventh Circuit has

    observed in an analogous situation, the absence of many similar cases

    "demonstrates nothing more than widespread compliance with well-

    recognized constitutional principles." Eberhardt v. O'Malley, 17 F.3d

    1023, 1028 (7th Cir. 1994).

    Well before 1998 it was clearly established that a police officer

    could not lawfully shoot a citizen perceived to be unarmed and non-

    dangerous, neither suspected of any crime nor fleeing a crime scene.

    The decision to use deadly force in these circumstances simply does

    not lie near the "hazy border between excessive and acceptable force,"

    and any mistaken belief to the contrary would not have been reason-

    able. Saucier, 121 S. Ct. at 2158 (citation and internal quotation

    marks omitted). Accordingly, Officer Corbeau is not entitled to quali-

    fied immunity, as a matter of law, on the present record.

                            15
    

                           III.
    

    For the foregoing reasons, we affirm the district court's denial of

    summary judgment on the excessive force claim, and dismiss the

    appeal from the portion of the district court's order denying summary

    judgment on the state law claims.

               AFFIRMED IN PART AND DISMISSED IN PART
    

                            16
    

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