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SOVA v. CITY OF MT. PLEASANT

No. 96-2480.

142 F.3d 898 (1998)

Victoria and Gary SOVA, as Personal Representatives of the Estate of Thomas Sova, deceased, Plaintiffs-Appellants, v. The CITY OF MT. PLEASANT; Mt. Pleasant Department of Public Safety, Police Division; Director of Public Safety/Police Chief Martin Trombley; Sergeant Douglas LaLone; Officer Jeffrey Shell; Officer Daniel Gaffka, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 24, 1998.

Attorney(s) appearing for the Case

Richard A. Dietz (argued and briefed), Foster, Meadows & Ballard, Detroit, MI, for Plaintiffs-Appellants.

Patrick A. Aseltyne (argued), Johnson & Rosati, Lansing, MI, Marcia L. Howe (briefed), Johnson, Rosati, Galica, Labarge, Aseltyne & Field, Farmington Hills, MI, for Defendants-Appellees.

Before: MERRITT, KENNEDY, and BOGGS, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

Two Mt. Pleasant police officers shot and killed Thomas Sova standing in the doorway of his parents' kitchen within fifteen minutes of arriving on the scene of his attempted suicide. Thomas's parents sued the city, the police department, the police chief, and the three officers who were immediately responsible, asserting constitutional claims under 42 U.S.C. § 1983 and supplemental claims under Michigan tort law and the...

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