Legal Opinion
Estate of Kirby v. Duva
Court of Appeals for the Sixth Circuit
Decided June 27, 2008No. 06-1976PublishedCited by 79 opinions
1Opinion of the Court
OPINION
ROGERS, Circuit Judge.
Defendant police officers bring this interlocutory appeal from the district court’s denial of their motion for summary judgment on grounds of qualified immunity. Plaintiffs, Thomas Kirby’s widow and estate, filed this § 1983 excessive force action after defendants fatally shot Kirby as he tried to flee a traffic stop. Because it was clearly established at the time of the shooting that deadly force could not be used against a non-dangerous fleeing felon, qualified immunity was properly denied on the facts as presented in this case.
I
At the time of the events giving…
2Cases cited14 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Graham v. ConnorSupreme Court of the United States · 1989
- Anderson v. CreightonSupreme Court of the United States · 1987
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Tennessee v. GarnerSupreme Court of the United States · 1985
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3Cited by79 opinions
- Mullenix v. LunaSupreme Court of the United States · 2015
- Everson v. LeisCourt of Appeals for the Sixth Circuit · 2009
- Dominguez v. Correctional Medical ServicesCourt of Appeals for the Sixth Circuit · 2009
- Chappell v. City of ClevelandCourt of Appeals for the Sixth Circuit · 2009
- Harris v. City of CirclevilleCourt of Appeals for the Sixth Circuit · 2009
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