Opinion

Smith v. Cupp

  • 430 F.3d 766
  • 2005 WL 3242150
Court
Court of Appeals for the Sixth Circuit
Filed
Dec 2, 2005
Status
Published
Author
Merritt
On the bench
Duplantier, Merritt, Rogers
Cited by
112 cases

holding that suspect who had taken control of officer’s patrol car, although he was in possession of a dangerous weapon, “was not threatening the lives of those around him” because officer was never in the suspect’s line of flight and had already been passed by the car when he shot the suspect

How later courts described this case

  • holding that suspect who had taken control of officer’s patrol car, although he was in possession of a dangerous weapon, “was not threatening the lives of those around him” because officer was never in the suspect’s line of flight and had already been passed by the car when he shot the suspect
  • holding that unlike Brosseau, where there is no suspicion of a firearm, where the crime did not involve infliction or threatened infliction of serious physical harm, and where there is no imminent threat to others, a clearly established right was violated
  • finding “a jury could conclude that [the defendant–officer] fired as he ran toward the driver side of [the plaintiff’s car] after the car passed him” and thus that the defendant–officer was not entitled to qualified immunity
  • determining that a jury could find an officer outside the fleeing vehicle was never in its path and fired his weapon after the vehicle had passed and thus was not in immediate danger

Written by the judges who cited it.

Distinguished

  • Distinguished by Williams v. City of Grosse Pointe Park, 496 F.3d 482 (2007)

    Sigley and Cupp are inapplicable to the facts of this case because the events depicted on the video demonstrate that Miller reasonably believed that Williams posed a threat of serious harm and acted in accordance with that belief.
    Court of Appeals for the Sixth CircuitAug 3, 2007Read it

The opinion

MERRITT, Circuit Judge,

concurring.

I concur in the Court’s opinion except for Section II.A on jurisdiction. The case is primarily a factual dispute, and the jury should apply the “clearly established law” to the facts developed at trial before we review the case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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