King v. Taylor, No. 11-5917 (6th Cir. 2012)Annotate this Case
The Sheriff’s Office for Boyle County received an arrest warrant and emergency protective order for King, who had allegedly entered his ex-wife’s property, pointed a gun at her face, and said “I’m going to kill someone today.” The sheriff told Deputy Adams that he had seen King the week before, and that King had been acting “strange [and] violent” and to obtain assistance from the Kentucky State Police. Adams was aware that King, years earlier, had allegedly fired shots near a state trooper who entered onto King’s property. Deputies Adams and Issacs and State Trooper Taylor, who told a dispatcher that “one of us will have to kill—shoot him,” went to King’s home. Although no one answered the door, they saw King lying on a couch, knocked again, and showed badges. What happened next is disputed. Taylor claims that King aimed a gun; Taylor’s bullet killed King. King’s estate sued under 42 U.S.C. 1983. The district court ruled that Taylor had not been properly served and, in any event, was entitled to summary judgment on the merits. The Sixth Circuit vacated, stating that questions of immunity and superseding cause require resolution of disputed facts.