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KRAUSE v. JONES

No. 13-2498.

765 F.3d 675 (2014)

Sandra KRAUSE, individually and as personal representative of the Estate of Matthew Thomas Krause, deceased, Plaintiff-Appellant, v. Brian D. JONES; Eric Gillman; Dwayne Gregg; Redford Police Department; Redford Township, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 3, 2014.

Attorney(s) appearing for the Case

ARGUED: Timothy P. Flynn , Karlstrom Cooney, LLP, Clarkston, Michigan, for Appellant. Karen M. Daley , Cummings, McClorey, Davis & Acho, P.L.C., Livonia, Michigan, for Appellees. ON BRIEF: Timothy P. Flynn , Karlstrom Cooney, LLP, Clarkston, Michigan, for Appellant. Karen M. Daley , Cummings, McClorey, Davis & Acho, P.L.C., Livonia, Michigan, for Appellees.

SUTTON, J., delivered the opinion of the court, in which COOK, J., joined, and MARBLEY, D.J., joined in part and in the result. MARBLEY, D.J. (pp. 682-85), delivered a separate opinion concurring in part and in the judgment.

OPINION

SUTTON, Circuit Judge.

When law enforcement officers tried to execute a warrant for his arrest, Matthew Krause fled into his home and holed up in a bedroom closet armed with a gun. After negotiating for hours, the officers decided to enter the bedroom, using something called a "flash bang" in the process. In the seconds that followed, Krause fired a shot at the officers, and one of the officers fatally shot Krause in response. At issue is whether...

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