Legal Opinion
Smith v. Cupp
Court of Appeals for the Sixth Circuit
Decided December 2, 2005No. 04-5783PublishedCited by 115 opinions
1Opinion of the CourtRogers, J., joined by Duplantier, D.J.,
MERRITT, J. (p. 777), delivered a separate opinion concurring except as to Section II.A. on jurisdiction.
OPINION
ROGERS, Circuit Judge.
Deputy Sheriff Marty Dunn appeals the district court’s denial of his motion for summary judgment based on the defense of qualified immunity. On April 28, 2002, Dunn shot and killed Glen Smith, an arres-tee who had gained control of Dunn’s police cruiser. The district court denied Dunn qualified immunity. Because Smith’s right not to be seized by deadly force when fleeing arrest was clearly established at the time he was killed, we affirm the district court’s…
2Cases cited18 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Anderson v. CreightonSupreme Court of the United States · 1987
- Tennessee v. GarnerSupreme Court of the United States · 1985
- United States v. RobinsonSupreme Court of the United States · 1973
- Brosseau v. HaugenSupreme Court of the United States · 2004
13 more not listed; retrieve them via the Exa API.
3Cited by115 opinions
- Mullenix v. LunaSupreme Court of the United States · 2015
- Scott Peatross v. City of MemphisCourt of Appeals for the Sixth Circuit · 2016
- Kwame Ajamu v. City of ClevelandCourt of Appeals for the Sixth Circuit · 2019
- Lytle v. Bexar County, Tex.Court of Appeals for the Fifth Circuit · 2009
- 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
110 more not listed; retrieve them via the Exa API.