NEWCOMB v. CITY OF TROY

No. 88-71391-DT.

719 F.Supp. 1408 (1989)

Margaret NEWCOMB, as Conservator of the Estate of Jamie Byron Newcomb, A Protected Person, Plaintiff, v. CITY OF TROY, A Municipal Corporation; City of Troy Police Department; Larry Carey, individually and as Chief of Police; Sergeant Charles Craft, Individually and as City of Troy Police Officer; Sergeant Michael Szuminski, Individually and as City of Troy Police Officer; Officer Mark Cole, Individually and as City of Troy Police Officer; Officer Michael Lyczkowski, Individually and as City of Troy Police Officer; Officer Paul Lucas, Individually and as City of Troy Police Officer; Officer Earl Jenkins, Individually and as City of Troy Police Officer; Officer Jason Pernick, Individually and as City of Troy Police Officer; Officer Jeff Denny, Individually and as City of Troy Police Officer; Officer Wiliam McCabe, Individually and as City of Troy Police Officer; Officer Phil Dimaria, Individually and as City of Troy Police Officer; Officer Neal Piltz, Individually and as City of Troy Police Officer; Officer Robert Cantlon, Individually and as City of Troy Police Officer, Jointly and Severally, Defendants.

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

August 18, 1989.


Attorney(s) appearing for the Case

Lauri R. Ellias, Turner and Turner, P.C., Southfield, Mich., for plaintiff.

Albert Leader and James M. Pidgeon, Portnoy, Leader, Pidgeon & Roth, P.C., Bloomfield Hils, Mich., for defendants.


OPINION

GILMORE, District Judge.

This case arose from an incident in August 1986 when Jamie Newcomb attempted to rob a 7-11 Store in the City of Troy. Troy Police Officers entered the store and, in the course of apprehending Newcomb, one of the officers fired a single shot and struck Newcomb in the back of the head. Newcomb, by his Conservator, brought suit in this Court alleging that the shooting violated his rights under several federal statutes, the United...

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