Hermiz Ex Rel. Estate of Hermiz v. City of Southfield

COOK, Circuit Judge.

After Officer Blake Matatall’s fatal shooting of Arvin Hermiz, Hermiz’s estate sued the City of Southfield (“City”) for failure to train and Matatall for unconstitutional use of deadly force, both under 42 U.S.C. § 1988. Invoking municipal and qualified immunity, the City and Matatall sought summary judgment against the estate, which the district court denied. The defendants challenge by interlocutory appeal the denial of qualified immunity for Matatall and request exercise of pendent appellate jurisdiction over the municipal-immunity issue. Because factual issues preclude…