Can a reviewing court review the record as a whole when considering qualified immunity in a deadly force case?  In this case, in a 2-1 decision, the Ninth Circuit decided the answer in “no.”  Rather, facts must be taken in a light most favorable to the plaintiff, even when such facts are not supported by the record.  CSAC filed a letter in support of Santa Barbara County’s petition for rehearing en banc.  The letter was drafted by Peter Keith in the San Francisco City Attorney’s Office.