MITCHELL v. CITY OF WARREN

No. 14-2075.

803 F.3d 223 (2015)

Cora MITCHELL, Plaintiff-Appellant, v. CITY OF WARREN, et al., Defendants, Taser International, Inc., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 21, 2015.


Attorney(s) appearing for the Case

ARGUED: John Burton , The Law Offices of John Burton, Pasadena, California, for Appellant. Pamela B. Petersen , Taser International, Inc., Scottsdale, Arizona, for Appellee. ON BRIEF: John Burton , The Law Offices of John Burton, Pasadena, California, William H. Goodman , Julie H. Hurwitz , Kathryn Bruner James , Goodman & Hurwitz, P.C., Detroit, Michigan, Byron H. Pitts , Cornelius Pitts & Associates, Detroit, Michigan, for Appellant. Pamela B. Petersen , Taser International, Inc., Scottsdale, Arizona, for Appellee.

SUTTON, J., delivered the opinion of the court in which NORRIS, J., joined, and DONALD, J., joined in part. DONALD, J. (pp 18-28), delivered a separate opinion concurring in part and dissenting in part.


OPINION

After Robert Mitchell resisted arrest by the police, an officer shot two taser darts into his chest. Robert experienced cardiac arrest and died shortly after. His mother filed this lawsuit in response. It proceeded in two phases — first against the individual police officers and the City of Warren...

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