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MITCHELL v. SCHLABACH

No. 16-1522.

864 F.3d 416 (2017)

Ronald Joseph MITCHELL, as Personal Representative of the Estate of Timothy Joseph Mitchell, deceased, Plaintiff-Appellant, v. Justin SCHLABACH, Officer, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 19, 2017.

Attorney(s) appearing for the Case

ON BRIEF: Sima G. Patel , FIEGER, FIEGER, KENNEY, & HARRINGTON, P.C., Southfield, Michigan, for Appellant. Susan Healy Zitterman , Susan D. MacGregor , KITCH DRUTCHAS WAGNER VALITUTTI & SHERBROOK, Detroit, Michigan, for Appellee.

MERRITT, J., delivered the opinion of the court in which STRANCH, J., joined. MOORE, J. (pp. 426-32), delivered a separate dissenting opinion.

OPINION

Defendant-Appellee Justin Schlabach, an officer of the Munising Police Department, shot and killed Timothy Mitchell ("Mitchell") following a lengthy and dangerous car chase. The crucial facts at the scene of the shooting were recorded on the officer's dashboard camera, and our decision in this case turns...

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