Legal Opinion

VanVorous v. Burmeister

Michigan Court of Appeals

Decided September 1, 2004No. Docket 248450PublishedCited by 104 opinions

1Opinion of the CourtBorrello, J.

Plaintiff Darlene VanVorous appeals by-right orders dismissing her claims of assault and battery, gross negligence, and intentional infliction of emotional distress filed on behalf of her decedent, John VanVorous, after he was shot and killed by defendant police officers. In this case, we are asked to determine whether the doctrine of collateral estoppel precludes plaintiffs state law claims where her Fourth Amendment excessive force claim has been adjudicated in federal court. Plaintiff also asserts that summary disposition was premature because discovery was incomplete. Because we agree…

2Cases cited25 opinions

  1. Graham v. ConnorSupreme Court of the United States · 1989
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Malley v. BriggsSupreme Court of the United States · 1986
  4. Maiden v. RozwoodMichigan Supreme Court · 1999
  5. Roberts v. Auto-Owners InsuranceMichigan Supreme Court · 1985

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3Cited by104 opinions

  1. Miller v. Sanilac CountyCourt of Appeals for the Sixth Circuit · 2010
  2. Odom v. Wayne CountyMichigan Supreme Court · 2008
  3. Nathaniel Brent v. Wayne Cty. Dep't of Human Servs.Court of Appeals for the Sixth Circuit · 2018
  4. 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
  5. Bletz v. GribbleCourt of Appeals for the Sixth Circuit · 2011

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