NTOA › Forums › Operational Leadership › SWAT Command Decision-Making And Leadership I: Federman v. County of Kern › What was the main issue of “material fact” in this case? › Reply To: What was the main issue of “material fact” in this case?
Some of the facts of the Federman case were officers shot him while he was attempting to surrender. Mr. Federman had not committed any crimes. He did not become a threat to the SWAT team until after being sprayed in the face with pepper spray. he then shot at officers. Mr. Federman was not trying to leave his home, and he had not made any threats to neighbors or bystanders. His emotional state I believe was not taken into account. I think that’s the “material fact” in this case.