United States Sixth Circuit

Denial of qualified immunity to defendants, troopers and dispatchers, in a civil rights suit arising from a mistaken "felony stop" of plaintiffs' vehicle and an officer's shooting their dog, is reversed in part where dispatchers and officers were entitled to qualified immunity on a claim of unreasonable seizure, only two troopers were not entitled to qualified immunity on excessive force claims, and dispatchers were not liable for their negligent transmissions or their failure to ascertain more details before sending out BOLOs mentioning a possible robbery.

Appellate Information

• Decided 08/25/2006
• Published 08/25/2006

Judges

• Before:  GILMAN and COOK, Circuit Judges;  DOWD, Senior District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael B. Leftwich, Tennessee Attorney General's Office, Nashville, Tennessee, for Appellants.  Mary A. Parker, Parker & Crofford, Nashville, Tennessee, for Appellees.   ON BRIEF:  Michael B. Leftwich, Tennessee Attorney General's Office, Nashville, Tennessee, for Appellants.  Mary A. Parker, Parker & Crofford, Nashville, Tennessee, for Appellees.