United States Sixth Circuit

In the context of civil rights actions, an officer who employs deadly force against a fleeing suspect without reason to believe that the suspect is armed or otherwise poses a serious risk of physical harm is not entitled to either qualified immunity or immunity under the law of Kentucky.

Appellate Information

• Decided 04/16/2007
• Published 04/16/2007

Judges

• BOGGS, Chief Judge., Before BOGGS, Chief Judge;  and DAUGHTREY and GIBBONS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kent Wicker, Reed Wicker, Louisville, Kentucky, for Appellant.  Garry R. Adams, Clay, Kenealy, Wagner, Adams & Hall, Louisville, Kentucky, for Appellee.   ON BRIEF:  Kent Wicker, Steven S. Reed, Reed Wicker, Louisville, Kentucky, for Appellant.  Garry R. Adams, Clay, Kenealy, Wagner, Adams & Hall, Louisville, Kentucky, for Appellee.