I nonetheless thought I'd at least briefly mention this one. In which the Ninth Circuit holds that if you're in the midst of getting the crap beaten out of you by someone else, in a random attack initiated by the other person, and are not fighting back in any way (but merely being pummeled by the other guy)), you can't sue if a state official decides that in order to "break up" the fight, he shoots you three times and fractures your leg.
Because, I mean, what are we supposed to do? Let the fight go on for a while? Clearly, we've got to shoot someone, and if that person happens to be you, because you're the one in the line of sight, well, sucks to be you, doesn't it?
