United States Sixth Circuit

In plaintiff-administratrix's case against the officers for the deadly shooting of a fifteen year-old in his bedroom while executing a search warrant of his home, district court's denial of officers' motion for summary judgment based on qualified immunity is reversed and remanded as the record supports the conclusion that the material facts are not genuinely disputed and, as a matter of law, officers' split-second decision to use deadly force in self-defense was not shown to have been objectively unreasonable.

Appellate Information

• Decided 11/04/2009
• Published 11/04/2009

Judges

• Before:  DAUGHTREY, SUTTON, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephen W. Funk, Roetzel & Andress, Akron, Ohio, for Appellants.  Terry H. Gilbert, Friedman & Gilbert, Cleveland, Ohio, for Appellee.   ON BRIEF:  Stephen W. Funk, Aretta Bernard, Roetzel & Andress, Akron, Ohio, W. Craig Bashein, Bashein & Bashein Co., Cleveland, Ohio, for Appellants.  Terry H. Gilbert, Gordon S. Friedman, Friedman & Gilbert, Cleveland, Ohio, for Appellee.