United States Sixth Circuit

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Estate of Smithers v. City of Flint, 09-1164

In plaintiffs' 42 U.S.C. sections 1983, 1985(2) and (3) suit against a city and two police officers in connection with the fatal shooting of an individual and the injury of two other plaintiffs, by the individual's girlfriend shortly after being released from custody for trespassing, district court's dismissal of the claims is affirmed where: 1) district court did not err in granting defendants' motion for summary judgment on plaintiffs' procedural due process claim; 2) district court did not err in finding that plaintiffs failed to establish a substantive due process claim as the officers' actions could not have been interpreted by a reasonable jury to have created or increased the danger to plaintiffs; 3) district court did not err in dismissing plaintiffs' civil conspiracy claim; and 4) district court did not err in granting defendants' motion for summary judgment on plaintiffs' equal protection claim.

Appellate Information

  • Argued 03/11/2010
  • Decided 04/21/2010
  • Published 04/21/2010

Judges

  • Before MARTIN and GIBBONS, Circuit Judges; MARBLEY, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:James M. Cull, Cull & Cull, Southfield, Michigan, for Appellants. Michael J. Gildner, Simen, Figura & Parker, P.L.C., Flint, Michigan, I'Lanta M. Robbins, City of Flint Law Department, Flint, Michigan, for Appellees. ON BRIEF:James M. Cull, Cull & Cull, Southfield, Michigan, for Appellants. Michael J. Gildner, Simen, Figura & Parker, P.L.C., Flint, Michigan, I'Lanta M. Robbins, City of Flint Law Department, Flint, Michigan, for Appellees.