United States Sixth Circuit

Officer's brief initial grab at mentally ill motorist, as the latter emerged from his car, was not excessive force; the tape tends to reinforce the officers' testimony that the motorist drew a knife; use of pepper spray and grappling to subdue him was not excessive force; shooting him in a single volley was reasonable when he stabbed at grappling officer with the knife.

Appellate Information

• Decided 03/26/2004
• Published 03/26/2004

Judges

• Before:  BOGGS, Chief Judge;  and KRUPANSKY and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Justin C. Ravitz (briefed), Sommers, Schwartz, Silver & Schwartz, Southfield, MI, Mark R. Bendure (argued and briefed), Bendure & Thomas, Detroit, MI, for Plaintiffs-Appellants.


• For Appellees:
  
• Ethan Vinson, Joseph Nimako (argued and briefed), Cummings, McClorey, Davis & Acho, Livonia, MI, Eric D. Smith (argued and briefed), Christine A. Fisher (briefed), Hopkins, Curran & Smith, Southfield, MI, John H. Dise, Jr. (argued and briefed), Dise & Associates, Southfield, MI, Richard J. Corriveau, Northville, MI, for Defendants-Appellees.