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“On this record, a reasonable jury could conclude that Marks was shot when he neither posed a threat to the officers or the public, nor was he fleeing or ignoring an officer’s commands. On the other hand, a jury might agree with Officer Bauer’s assessment of the situation and find his use of force was objectively reasonable,” the 8th Circuit said.

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“On this record, a reasonable jury could conclude that Marks was shot when he neither posed a threat to the officers or the public, nor was he fleeing or ignoring an officer’s commands. On the other hand, a jury might agree with Officer Bauer’s assessment of the situation and find his use of force was objectively reasonable,” the 8th Circuit said.

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