of serious physical harm,” Gamer, 471 U.S. at 11, 105 S.Ct. at 1701, to Ponseti, or to others if the suspects were allowed to flee. Because Pon-seti could have reasonably believed that the suspects posed an imminent, deadly threat, we conclude that he was justified in using deadly force. Conclusion We therefore conclude that the magistrate judge erred in denying Ponseti’s motion for judgment as a matter of law. Accordingly, the judgment below is REVERSED. 1 . The woman was struck once in the right side of her abdomen. 2 . Under the current Federal Rule of Civil Procedure 50, the terms "directed verdict” and "judgment notwithstanding the verdict” have been replaced by the single term “judgment as a matter of law.” 3 . But see Harper v. Harris County, 21 F.3d 597, 600 (5th Cir.1994) (<HOLDING>). 4 . Smith also observes: “Furthermore, the
holding that section 1983 actions based on violation of the fourth amendment may not rest on violation of state law holding that a violation of the wellestablished rule of brignoniponce constituted an egregious violation of the fourth amendment holding that the fourth amendment proscription against unreasonable searches and seizures was applicable to the states under the fourteenth amendment so that evidence seized in violation of the constitution could no longer be used in state courts holding that the notice requirement found in rule 41d is not required by the fourth amendment holding that the significant injury requirement of johnson v morel 876 f2d 477 5th cir1989 a case involving a fourth amendment violation is no longer valid in the wake of hudson v mcmillianus 112 sct 995 117 led2d 156 1992 in which the supreme court held that a showing of a significant injury was not required to prove an eighth amendment violation