United States Sixth Circuit

In plaintiff's action against a police officer under 42 U.S.C. section 1983 and state tort law for being shot by the officer on New Year's Eve while responding to reports of gunfire shots in the area, denial of defendant's motion for summary judgment on the basis of qualified immunity is affirmed where: 1) because plaintiff has produced adequate evidentiary support for her version of events and because plaintiff's version of events must be accepted as true for purposes of interlocutory appeal, the jury must decide whether plaintiff's Fourth Amendment rights were violated; and 2) in light of the competing inferences one might draw from the facts and their effect on the question of whether the officer's actions were objectively reasonable, a jury should find the facts that determine whether the officer is entitled to qualified immunity.

Appellate Information

• Argued 10/09/2009
• Decided 02/04/2010
• Published 02/04/2010

Judges

• Before MARTIN, GUY, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Michael S. Bogren, Plunkett Cooney, Kalamazoo, Michigan, for Appellant. Wolfgang Mueller, Olsman Mueller, P.C., Berkley, Michigan, for Appellee. ON BRIEF:Mary Massaron Ross, Plunkett Cooney, Detroit, Michigan, for Appellant. Wolfgang Mueller, Olsman Mueller, P.C., Berkley, Michigan, for Appellee.