BERRY v. CITY OF DETROIT

No. 92-1688.

25 F.3d 1342 (1994)

Doris BERRY, Personal Representative of the Estate of Lee F. Berry, Jr., deceased, Plaintiff-Appellee, v. CITY OF DETROIT, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 17, 1994.

Rehearing and Suggestion for Rehearing Denied August 23, 1994.


Attorney(s) appearing for the Case

Juan A. Mateo (argued and briefed), N.C. Deday LaRene, Detroit, MI, for the Estate of Lee F. Berry, Jr., deceased, plaintiff-appellee.

Alberta P. Whitfield, City of Detroit Law Dept., Detroit, MI, David L. Rose (argued and briefed), Washington, DC, for defendant-appellant.

Before: MILBURN and GUY, Circuit Judges; and KRUPANSKY, Senior Circuit Judge.


Rehearing and Suggestion for Rehearing En Banc Denied August 23, 1994.

RALPH B. GUY, Jr., Circuit Judge.

A jury awarded Doris Berry (plaintiff), six million dollars for the death of her son, Lee Berry, Jr., who was shot by a Detroit police officer. On appeal, the City of Detroit (City) raises three arguments. First, the City asserts that plaintiff failed to offer any evidence that the City's policymakers had adopted a policy or ratified a custom of unconstitutional...

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