Legal Opinion
James W. Smoak v. Eric Hall, David Bush Jeff Phann Tim McHood Brian Brock Jerry Andrews, Lieutenant
Court of Appeals for the Sixth Circuit
Decided August 25, 2006No. 05-6511PublishedCited by 187 opinions
1Opinion of the CourtGilman, J.
COOK, J. (pp. 786-787) and DOWD, D.J. (pp. 787-789), delivered separate opinions concurring in part and dissenting in part.
OPINION
RONALD LEE GILMAN, Circuit Judge.
This case provides a classic example of how plausible but unsubstantiated speculation and miscommunication on the part of law enforcement officers can cause grievous consequences to innocent citizens. It also highlights how, in time-sensitive situations, officers are often forced to make difficult judgments that appear improvident through the lens of hindsight. The innocent citizens in this case were James Smoak, his wife Pamela…
2Cases cited30 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Graham v. ConnorSupreme Court of the United States · 1989
- United States v. MendenhallSupreme Court of the United States · 1980
- United States v. Brignoni-PonceSupreme Court of the United States · 1975
25 more not listed; retrieve them via the Exa API.
3Cited by187 opinions
- Everson v. LeisCourt of Appeals for the Sixth Circuit · 2009
- Bazzi v. City of DearbornCourt of Appeals for the Sixth Circuit · 2011
- Geraldine Livermore, Personal Representative for the Estate of Roland E. Rohm, Deceased v. Daniel Lubelan and Jerry EllsworthCourt of Appeals for the Sixth Circuit · 2007
- Morelli v. WebsterCourt of Appeals for the First Circuit · 2009
- Troy Baker, and Glenn Snader, as Father and Next Friend of Jesse Snader v. City of Hamilton, Ohio, and Eric TaylorCourt of Appeals for the Sixth Circuit · 2006
182 more not listed; retrieve them via the Exa API.