Berube v. Conley, No. 06-2644. Oh great. The First Circuit, on interlocutory appeal concludes that some cops are entitled to qualified immunity for using excessive (and deadly) force. The defendant apparently, in the course of an interrupted suicide wanted to go to the police station to “raise a little hell.” He said as much in a deposition. He doesn’t really remember what happened before the police shot him, but he seems to have a hammer. The First concludes “It may well be true that Conley continued to fire as Berube fell to or lay on the ground.... Conley’s actions cannot be found unreasonable because she may have failed to perfectly calibrate the amount of force required to protect herself.” The result in this case isn’t that bad. The problem is that these kinds of cases can be used to attribute qualified immunity to all sorts of bad behavior by the police.