United States Sixth Circuit

In a case arising from an incident in which defendants-police officers opened fire on unarmed plaintiff in his own backyard, wounding him in the chest, allegedly without warning and without cause, denial of summary judgment for officers is affirmed over claims that: 1) one officer was entitled to qualified immunity because his shot missed plaintiff; and 2) second officer should receive qualified immunity because he fired under the mistaken but reasonable belief that plaintiff had shot other defendant-officer. Defendant-city's appeal is dismissed as premature.

Appellate Information

• Decided 03/06/2008
• Published 03/06/2008

Judges

• Before: BATCHELDER and GILMAN, Circuit Judges;  VARLAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Sheri L. Whyte, City Of Detroit Law Department, Detroit, Michigan, for Appellants.  Victor S. Valenti, Fieger, Fieger, Kenney & Johnson, Southfield, Michigan, for Appellee.   ON BRIEF:  Sheri L. Whyte, City of Detroit Law Department, Detroit, Michigan, for Appellants.  Victor S. Valenti, Fieger, Fieger, Kenney & Johnson, Southfield, Michigan, for Appellee.