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SIMMONDS v. GENESEE COUNTY

No. 10-1470.

682 F.3d 438 (2012)

Daniel SIMMONDS, as Personal Representative of the Estate of Kevin Joseph Simmonds, Deceased, Plaintif-Appellant, v. GENESEE COUNTY; Josh Dirkse; James Comstock; Kevin Shanlian; Douglas George Stone, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 19, 2012.

Attorney(s) appearing for the Case

ARGUED: Heather Anne Glazer , Fieger, Fieger, Kenney, Johnson & Giroux, P.C., Southfield, Michigan, for Appellant. John G. Fedynsky , Office of the Michigan Attorney General, Lansing, Michigan, Mary Massaron Ross , Plunkett Cooney , Detroit, Michigan, for Appellees. ON BRIEF: Victor S. Valenti , Fieger, Fieger, Kenney, Johnson & Giroux, P.C., Southfield, Michigan, for Appellant. James T. Farrell , Office of the Michigan Attorney General, Lansing, Michigan, Mary Massaron Ross , Hilary A. Ballentine , Plunkett Cooney , Detroit, Michigan, for Appellees.

COLE, J., delivered the opinion of the court, in which VARLAN, D.J., joined. MERRITT, J. (pp. 446-48), delivered a separate dissenting opinion.

OPINION

COLE, Circuit Judge.

Daniel Simmonds appeals the district court's grant of the defendants' motions for summary judgment on the basis of qualified immunity. As the defendants' actions entitled them to qualified immunity, we AFFIRM.

I.

A. Factual Background

On November 23, 2007, Genesee County police received multiple 911 calls regarding Kevin Simmonds's threatening behavior. Kevin's father, Daniel Simmonds ("Simmonds...

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