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CAMERON v. CITY OF PONTIAC

No. 85-CV-71537-DT.

623 F.Supp. 1238 (1985)

Betty CAMERON, Personal Representative of the Estate of Christopher Cameron, Deceased, Plaintiff, v. CITY OF PONTIAC, a Municipal corporation, Officers Michael McBride and Vernon Roberts, individually and in their capacities, jointly and severally, Defendants.

United States District Court, E.D. Michigan, S.D.

December 27, 1985.

Attorney(s) appearing for the Case

Michael D. Burwell, Bloomfield Hills, Mich., for plaintiff.

Gene A. Farber, Detroit, Mich., for defendants.

OPINION AND ORDER OF DISMISSAL

LA PLATA, District Judge.

I. Introduction

In the recent case of Tennessee v. Garner,1 the United States Supreme Court held that a police officer is constitutionally prohibited from using deadly force when pursuing a felon who is neither armed nor dangerous. In the instant matter, this Court is called upon to determine whether a police officer violated a fleeing felon's constitutional...

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