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LATITS v. PHILLIPS

No. 15-2306.

878 F.3d 541 (2017)

Debbie Jean LATITS, as Personal Representative of the Estate of Laszlo John Latits, Deceased, Plaintiff-Appellant, v. Lowell PHILLIPS, Police Officer for the City of Ferndale, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 27, 2017.

Attorney(s) appearing for the Case

ON BRIEF: Kevin Ernst , ERNST LAW FIRM, Detroit, Michigan, Dean Elliott , DEAN ELLIOTT, PLC, Royal Oak, Michigan, for Appellant. Lindsey A. Peck , SEWARD PECK & HENDERSON, Royal Oak, Michigan, for Appellee.

STRANCH, J., delivered the opinion of the court in which BLACK, D.J., joined, and CLAY, J., joined in part. CLAY, J. (pp. 554-59), delivered a separate opinion concurring in part and dissenting in part.

OPINION

Lowell Phillips, then a Ferndale Police Officer, ended a car chase on the outskirts of Detroit by ramming Laszlo Latits's car off the road and then shooting and killing Latits as he tried to resume flight. Latits's widow sued former Officer Phillips under 42 U.S.C. § 1983 alleging that Phillips...

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