Werner v. Hartfelder

Plaintiff filed á negligence action against defendant, a Troy police officer, for injuries sustained as a result of defendant’s allegedly negligent use of deadly force to prevent plaintiff’s es*749cape as a suspected fleeing felon. Following a three-day trial without a jury, the trial court entered a judgment of no cause of action on July 16, 1980. From such judgment, plaintiff appeals of right. The principal issue raised on appeal has never been directly addressed in Michigan: may a police officer use deadly force when necessary to prevent the escape of a fleeing felon.

On September 15, 1976,…