Wincher v. City of Detroit

This appeal arises out of a shooting incident which occurred January 20, 1979, between Albert Holman, an off-duty, disabled Detroit police officer, and the plaintiffs. Plaintiffs brought an action alleging a violation of 42 USC 1983 against the City of Detroit and a civil action for damages against the City of Detroit and Albert Holman on a respondeat superior theory. At the close of plaintiffs’ proofs, the circuit court judge granted defendant city’s motion for a directed verdict on the § 1983 action. The jury returned a verdict of no cause of action against the city on the assault and…