United States Sixth Circuit

In a civil rights action arising from defendants-officers' conduct at the scene of an illegal drag race, summary judgment for defendants is affirmed where: 1) irrespective of whether plaintiffs theory of liability is characterized as "direct injury" or "state created danger", plaintiffs' claim failed; and 2) prior case precedent compelled a conclusion that officers did not commit a constitutional violation for qualified immunity purposes.

Appellate Information

• Decided 06/21/2007
• Published 06/21/2007

Judges

• Before:  ROGERS and COOK, Circuit Judges;  GWIN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Joseph Dedvukaj, The Joseph Dedvukaj Firm, Southfield, Michigan, for Appellants.  Rosalind Rochkind, Garan Lucow Miller, P.C., Detroit, Michigan, for Appellees.   ON BRIEF:  Joseph Dedvukaj, The Joseph Dedvukaj Firm, Southfield, Michigan, for Appellants.  Rosalind Rochkind, John J. Gillooly, Garan Lucow Miller, P.C., Detroit, Michigan, for Appellees.