United States Sixth Circuit

Summary judgment denying qualified immunity to defendant-police officers in a 42 U.S.C. section 1983 case involving a home invasion and a subsequent fatal shooting by police is affirmed as to a police-shooting deadly force claim, and reversed in part where officers are immune from suit for: 1) breaking decedent's front door; 2) seizing him via encirclement of his house without a warrant; 3) using pepper gas and flashbang devices; 4) entering his house without a warrant; and 5) destroying his home.

Appellate Information

• Decided 08/01/2006
• Published 08/01/2006

Judges

• Before:  SUHRHEINRICH, GILMAN, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mark D. Landes, Isaac, Brant, Ledman & Teetor, Columbus, Ohio, for Appellants.  Linda Leah Reibel, Worthington, Ohio, for Appellees.   ON BRIEF:  Mark D. Landes, Jeffrey A. Stankunas, Isaac, Brant, Ledman & Teetor, Columbus, Ohio, for Appellants.  Linda Leah Reibel, Worthington, Ohio, for Appellees.