Baker v. Putnal

STEWART, Circuit Judge:

This is a civil rights action filed under 42 U.S.C. § 1983 and based on allegations that the defendants deprived plaintiffs of certain constitutional rights in the shooting death of Wendell C. Baker, Jr. Plaintiffs appeal the district court’s final judgment granting the defendants’ motion to dismiss. Because the district court considered summary judgment evidence, we view its order as one granting summary judgment and conclude that the court erred in finding no genuine issue of material fact as to the claim officer Michael Putnal used excessive force. We affirm as to…