United States DC Circuit

In excessive force case brought by estate of man shot and killed by an off-duty police officer, finding for plaintiffs only on their negligence claim is reversed where: 1) the jury verdict for defendants on the assault and battery and excessive force claims was inconsistent with the jury's answer to a written interrogatory; and 2) the negligent stop, as a matter of law, did not proximately cause the shooting death and thus cannot justify the damages for the shooting death.

Appellate Information

• Argued 03/19/2007
• Decided 07/24/2007
• Published 07/24/2007

Judges

• KAVANAUGH, Circuit Judge:, Before:  GINSBURG, Chief Judge, and RANDOLPH and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellees:
  
• Holly M. Johnson, Section Chief, Office of Attorney General for the District of Columbia, argued the cause for appellants/cross-appellees.   With her on the briefs were Robert J. Spagnoletti, Attorney General, Todd S. Kim, Solicitor General, and Edward E. Schwab, Deputy Solicitor General., Gregory L. Lattimer argued the cause for appellees/cross-appellant.   With him on the briefs were Janell M. Byrd and Donald M. Temple.