escape. Rather, the evidence shows that Plaintiff merely lay on her bed, unarmed, at the time the events at issue transpired. Constable Waters admitted in his deposition testimony that Plaintiff Johnson was laying on top of the bed when he shot her and that she never got off the bed. However, the evidence shows that Constable Waters did not ascertain who was on the bed or what threat, if any, Plaintiff actually posed before firing.
Plaintiff concedes that she woke and turned her head toward Constable Waters *736 as he burst into her room. However, Constable Waters' only "warning" to Plaintiff consisted of yelling "FREEZE" while he simultaneously fired off a shot in the direction of Plaintiff. Constable Waters shot Plaintiff regardless of the fact that he had notime of the shooting, Constable Waters recognized that Plaintiff was laying down on her bed. Nor do the facts show that Plaintiff Johnson was attempting to escape; rather, the undisputed testimony is that she never attempted to move off of her bed prior to being shot. Though briefing included a black female as among the suspects, and though she had not been accounted for at the residence, that fact alone did not justify the infliction of deadly force. When Constable Waters did encounter Plaintiff, he reacted by firing off a shot rather than reasonably assessing the situation. While the record bears out the fact that Constable Waters yelled, "Tyler PD FREEZE" at the door, the record also shows that the warning was given at the same time sparks