LAIBLE v. LANTER

No. 22-5496.

91 F.4th 438 (2024)

Jason LAIBLE, Executor of the estates of Raymond Laible and Gayle Laible; Steven Klein; Maribeth Klein, Plaintiffs-Appellees, v. Timothy LANTER; Brett Thomas; Donald Scalf, Defendants-Appellants, United States of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 23, 2024.


Attorney(s) appearing for the Case

ARGUED: Aaron M. Herzig , TAFT, STETTINIUS & HOLLISTER LLP, Cincinnati, Ohio, for Appellants. Catherine Padhi , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Federal Appellee. ON BRIEF: Aaron M. Herzig , Spencer S. Cowan , TAFT, STETTINIUS & HOLLISTER LLP, Cincinnati, Ohio, for Appellants. Catherine Padhi , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Federal Appellee. Jacqueline Greene , Alphonse Gerhardstein , M. Caroline Hyatt , Rebecca Salley , FRIEDMAN GILBERT + GERHARDSTEIN, Cincinnati, Ohio for Appellee Laible. J. Stephen Smith , Roula Allouch , GRAYDON HEAD & RITCHEY LLP, Ft. Mitchell, Kentucky, for the Klein Appellees.

COLE, J., delivered the opinion of the court in which GIBBONS, J., joined. READLER, J. (pp. 446-53), delivered a separate opinion concurring in part and dissenting in part.


OPINION

In August 2020, the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Cincinnati Police Department (CPD) participated in a joint federal task force to arrest Mason Meyer. While fleeing from CPD officers, Meyer lost control of his vehicle and crashed into a restaurant, killing Gayle...

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