United States Sixth Circuit

Summary judgment for defendants, police officers, in a 42 U.S.C. section 1983 case arising from plaintiff-bystander's death at a street drag race is affirmed where: 1) defendants did not have custody of plaintiff at the time of the accident; 2) defendants' actions did not place plaintiff in any more danger than she voluntarily undertook before they arrived; and 3) defendants' participation did not specially place plaintiff at any more risk than others attending the drag race.

Appellate Information

• Decided 02/27/2006
• Published 02/27/2006

Judges

• Before:  MOORE and SUTTON, Circuit Judges;  BUNNING, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Joseph Dedvukaj, Southfield, Michigan, for Appellant.   Michelle A. Thomas, Thomas, DeGrood & Witenoff, Southfield, Michigan, Rosalind Rochkind, Garan Lucow Miller, Detroit, Michigan, for Appellees.   ON BRIEF:  Joseph Dedvukaj, Southfield, Michigan, for Appellant.   Michelle A. Thomas, Thomas, DeGrood & Witenoff, Southfield, Michigan, Rosalind Rochkind, John J. Gillooly, Garan Lucow Miller, Detroit, Michigan, for Appellees.