ROBERT ALLEN SHUMATE v. CITY OF ADRIAN, MICHIGAN; JEREMY POWERS - Articles

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ROBERT ALLEN SHUMATE v. CITY OF ADRIAN, MICHIGAN; JEREMY POWERS

Posted by: Karen Belcher on Aug 10, 2022

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Christian C. Huffman, GARAN LUCOW MILLER, P.C., Detroit, Michigan, for Appellant.

Attorneys 2: ARGUED: Robert G. Kamenec, FIEGER, FIEGER, KENNEY & HARRINGTON, P.C., Southfield, Michigan, for Appellee.

Attorneys 3: ON BRIEF: Christian C. Huffman, GARAN LUCOW MILLER, P.C., Detroit, Michigan, for Appellant.

Attorneys 4: ON BRIEF: Kierston D. Nunn, FIEGER, FIEGER, KENNEY & HARRINGTON, P.C., Southfield, Michigan, for Appellee.

Judge(s): SUHRHEINRICH, MOORE, CLAY, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Michigan at Detroit

CLAY, Circuit Judge. In this civil rights action under 42 U.S.C. § 1983, Defendants Officer Jeremy Powers and the City of Adrian appeal the district court’s denial of their motion for summary judgment on qualified immunity, state law immunity, and municipal liability grounds. We hold that neither qualified nor state law immunity shields Officer Powers from liability. Consequently, we lack appellate jurisdiction to review the municipal liability claim against Defendant City of Adrian. The district court’s denial of summary judgment to Defendant Powers is AFFIRMED, and Defendant City of Adrian’s municipal liability appeal is DISMISSED for lack of appellate jurisdiction.

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