CASS v. CITY OF DAYTON

No. 13-4409.

770 F.3d 368 (2014)

William O. CASS, Administrator of the Estate of Derrick J. Jordan, Plaintiff-Appellant, v. CITY OF DAYTON; Dayton Police Department; David House; John Doe, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 16, 2014.


Attorney(s) appearing for the Case

ARGUED: Matthew C. Schultz , Brannon & Associates, Dayton, Ohio, for Appellant. Kelly M. Schroeder , Freund, Freeze & Arnold, Dayton, Ohio, for Appellees. ON BRIEF: Matthew C. Schultz , Dwight D. Brannon , Brannon & Associates, Dayton, Ohio, for Appellant. Kelly M. Schroeder , Neil F. Freund , Freund, Freeze & Arnold, Dayton, Ohio, for Appellees.

Before: GIBBONS and McKEAGUE, Circuit Judges; LAWSON, District Judge.


OPINION

JULIA SMITH GIBBONS, Circuit Judge.

After a "buy-bust" operation took an unexpected turn, Detective David House of the Dayton City Police Department shot and killed Derrick Jordan. Jordan, not the intended target of the bullet, sat in the front passenger seat of a vehicle that, moments before the shot was fired, had been driven into two officers in an attempt to escape. Jordan's estate brought suit under 42 U.S.C. § 1983, alleging that House...

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