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im: OPINION OF TILE COURT. 13 for a judgment holding them liable. See Brubaker v. King, 505 F.2d 534, 538-39 (7th Cir. 1974). Compare Jaroslawicz v. Seedman, 528 F.2d 727, 732 (2d Cir. 1975). The next and crucial question, therefore, is. whether the plaintiff’s counteraffidavits raised a genuine issue of fact as to the officers’ reasonable belief and good faith. See Tristis v. Backer, 501 F.2d 1021, 1024 (7th Cir. 1974); Strutt v. Upham, 440 F.2d 1236, 1237 (9th Cir. 1971). It is lear, as the district court found, that they did not. The pertinent portions of the plaintiff’s counteraffidavits are set forth in the margin.* The principal assertions in * The counteraffidavit submitted against Long said, in part: Trooper Long. . . knew that during that same morning my son was walking the streets of Woburn, to a. diner and a barbershop, unarmed, and under surveillance by his men, was not dangerous, could have been safely arrested during these few hours, but chose not to do so. There would have been no risk. of ‘death or serious bodily harm’ during this . period. Instead he waited until my son made a last minute trip back into the house for a gun and then followed several tiles in traffie until they had placed my son in a dangerous condition, then ‘allowed excessive force to be used while apprehending my son. ; . .- Where the shooting that took place it is a busy inter- section, he. cannot maintain that he was faithfully perform- ing his. duties to protect the public: ‘The counteraffidavit submitted against MacDonald and Scire ‘said, in part: Agent MacDonald states in paragraph 19 of his affidavit that he was about even with the driver (of Maiorana car) when he heard a shot, and heard Trooper Gong say he was shot. This could not be so, as Officer Scire testified at the inquest into the death of my son that he, (Scire) reached the car on that side, at the same time Long opened the door on passen- gers’ side. He further testified that MacDonald was behind him, following him to driver’s side. When he (scire) reached the driver”s side, he opened the door, pushed the front seat forward (with the driver still in it) claimed he saw a move- ment in the back seat of the car and fired one shot {at the movement) hitting Trooper Long who fell back out of the ear, erying that he was hit. - ; Officer Scire then testified that he holstered his gun, then ran around the car to assist Long, who he knew he shot. - 13a - cu