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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.