JORDAN v. HOWARD

No. 20-3274.

987 F.3d 537 (2021)

Sabrina JORDAN, as the Administrator and o/b/o the Estate of Jamarco Dewayne McShann, Plaintiff-Appellant, v. John S. HOWARD; Jerry Knight; Brian O'Neal; Michael Cornely, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 3, 2021.


Attorney(s) appearing for the Case

ARGUED: Alxis Rodis , Dwayne D. Sam , WILLIAM & MARY APPELLATE AND SUPREME COURT CLINIC, Williamsburg, Virginia, for Appellant. Kelly M. Schroeder , FREUND, FREEZE & ARNOLD, Dayton, Ohio, for Appellees. ON BRIEF: Alxis Rodis , Dwayne D. Sam , WILLIAM & MARY APPELLATE AND SUPREME COURT CLINIC, Williamsburg, Virginia, Sarah Gelsomino , Jacqueline Greene, FRIEDMAN & GILBERT, Cleveland, Ohio, for Appellant. Kelly M. Schroeder , Bryan J. Mahoney , FREUND, FREEZE & ARNOLD, Dayton, Ohio, Kimberly A. Rutowski , LAZARUS & LEWIS, LLC, Cincinnati, Ohio, for Appellees.

GRIFFIN, J., delivered the opinion of the court in which SILER, J., joined. CLAY, J. (pp. 555-56), delivered a separate dissenting opinion.


OPINION

During the early morning hours of October 20, 2017, Jamarco McShann was asleep in the driver's seat of a locked, running car with his right hand resting on a pistol in his lap and music blaring from the car stereo. Just seconds after police officers roused him from his slumber, McShann stopped complying...

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