Who appointed the judge? The city should not be indemnified. The officer used deadly force without provocation. The intruder could have been a maintenance worker, inspector etc.
I’m not sure I understand your point. The officer was “the intruder”. The victim was in his own apartment (which the officer mistook for her own).
The officer was not on duty. Makes a big difference. You know, like actually knowing what you’re talking about instead of winging it without the facts on a public forum.
CC
But, in this case, the intruder was an off duty cop. The key to this ruling was that she was off duty at the time. The same result would have been reached if she had been an off duty maintenance worker or an off duty inspector shooting someone.