· 2/7/2007
Geraldine Livermore, Personal Representative for the Estate of Roland E. Rohm, Deceased v. Daniel Lubelan and Jerry Ellsworth
Citations
- 476 F.3d 397
- 2007 U.S. App. LEXIS 2594
- 2007 WL 397000
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that on an interlocutory appeal the court determines qualified immunity while accepting the facts as alleged by plaintiffs
- explaining that courts should only “focus on the ‘split- second judgments’ made immediately before the officer used allegedly excessive force”
- explaining that courts should disregard “the hours and minutes leading up to” an excessive force incident and focus only on what occurred “immediately” before
- noting that “we may consider a pure question of law, despite the defendants’ failure to concede the plaintiffs version of facts for purposes of the interlocutory appeal”
- finding it objectively reasonable for officer to fire two shots at suspect who posed a serious threat to other officers
- finding the denial of governmental immunity for state-law claims is also immediately appealable under Michigan state law
Source: CourtListener parenthetical corpus (CC0).
Judges: Batchelder, Griffin, Phillips
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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