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KIRBY v. DUVA

No. 06-1976.

530 F.3d 475 (2008)

The Estate of Thomas KIRBY and Brenda Kirby, Plaintiffs-Appellees, v. Deputy DUVA, Deputy Carrier, and Sergeant Buckley, Defendants-Appellants, St. Clair County Sheriff's Department, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 27, 2008.

Attorney(s) appearing for the Case

ARGUED: Marcia L. Howe, Johnson, Rosati, LaBarge, Aseltyne & Field, Farmington Hills, Michigan, for Appellants. Hugh M. Davis, Jr., Constitutional Litigation Associates, Detroit, Michigan, for Appellees. ON BRIEF: Marcia L. Howe, Johnson, Rosati, LaBarge, Aseltyne & Field, Farmington Hills, Michigan, for Appellants. Hugh M. Davis, Jr., Constitutional Litigation Associates, Detroit, Michigan, Patrick J. McQueeney, Thomas R. Present, Law Offices, Clinton Township, Michigan, for Appellees.

Before: BOGGS, Chief Judge; ROGERS, Circuit Judge; SHADUR, District Judge.

OPINION

ROGERS, Circuit Judge.

Defendant police officers bring this interlocutory appeal from the district court's denial of their motion for summary judgment on grounds of qualified immunity. Plaintiffs, Thomas Kirby's widow and estate, filed this § 1983 excessive force action after defendants fatally shot Kirby as he tried to flee a traffic stop. Because it was clearly established at the time of the shooting that deadly force could not be used against...

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