United States Sixth Circuit

In an action brought by a mother claiming excessive force by agents in the shooting death of her son during an armed standoff, denial of defendants' motion for summary judgment on qualified immunity grounds is reversed where: 1) considering the totality of the facts and circumstances as alleged by plaintiff, a sergeant acted reasonably in firing at decedent; 2) a lieutenant's actions preceding the shooting were immaterial and an insufficient basis for plaintiff's claim; and 3) state law gross negligence claims failed as a matter of law.

Appellate Information

• Decided 02/07/2007
• Published 02/07/2007

Judges

• Before: BATCHELDER and GRIFFIN, Circuit Judges;  PHILLIPS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Margaret A. Nelson, Michigan Department of Attorney General, Lansing, Michigan, for Appellants.  Herbert A. Brail, Keane & Keane, Dearborn, Michigan, for Appellee.   ON BRIEF:  Margaret A. Nelson, Mark E. Donnelly, Michigan Department of Attorney General, Lansing, Michigan, for Appellants.  Christopher J. Keane, Keane & Keane, Dearborn, Michigan, for Appellee.