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JEFFERSON v. LEWIS

No. 08-2116.

594 F.3d 454 (2010)

Tracy JEFFERSON, Plaintiff-Appellee, v. Terry LEWIS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 4, 2010.

Attorney(s) appearing for the Case

ARGUED: Michael S. Bogren, Plunkett Cooney, Kalamazoo, Michigan, for Appellant. Wolfgang Mueller, Olsman Mueller, P.C., Berkley, Michigan, for Appellee. ON BRIEF: Mary Massaron Ross, Plunkett Cooney, Detroit, Michigan, for Appellant. Wolfgang Mueller, Olsman Mueller, P.C., Berkley, Michigan, for Appellee.

MARTIN, J., delivered the opinion of the court. GUY (p. 463) and McKEAGUE (p. 463), JJ., delivered separate opinions concurring in the result, with Judge McKEAGUE also joining in Judge GUY's concurrence.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

While responding to a situation in which guns and gunfire were present, Officer Terry Lewis of the Flint, Michigan Police Department shot Tracy Jefferson while she stood in the doorway of her home. Although Officer Lewis contends that he believed that she was firing at him, Ms. Jefferson turned out to be unarmed. She thereafter sued Officer Lewis under 42 U.S.C. § 1983 and state tort law. After discovery...

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