Sagan v. United States

OPINION

KEITH, Circuit Judge.

In this personal injury action, the Plaintiffs appeal a September 10, 2001 order granting Defendant United States’ motion for summary judgment and dismissing without prejudice the Plaintiffs’ claims against Defendants Algonac Fire Department, John Stier, Russ Seder, Jerry Doan, and Joe Doan. For the reasons set forth below, we REVERSE the district court’s grant of summary judgment for the United States and REMAND the case for further proceedings, with the Plaintiffs’ claims against the other Defendants reinstated.

I. BACKGROUND

On the night of August 30,1997, Richard…