United States Sixth Circuit

In a 42 U.S.C. section 1983 case brought by a fatal car crash victim's estate against a city and police officers, denial of summary judgment for defendants is reversed where: 1) officers' actions did not create or increase the risk that an innocent victim would be killed by an individual's drunken driving; and 2) officers' actions in dealing with the drunk driver did not specially place plaintiff at risk.

Appellate Information

• Decided 02/26/2007
• Published 02/26/2007

Judges

• Before SUHRHEINRICH, SUTTON and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Julie McCann O'Connor, O'Connor, DeGrazia, Tamm & O'Connor, Bloomfield Hills, Michigan, for Appellants.  Iris E. Rubin, Rubin & Rubin, Farmington Hills, Michigan, for Appellee.   ON BRIEF:  Julie McCann O'Connor, O'Connor, DeGrazia, Tamm & O'Connor, Bloomfield Hills, Michigan, for Appellants.  Iris E. Rubin, Rubin & Rubin, Farmington Hills, Michigan, for Appellee.