Estate of Arrington v. Michael, No. 13-1042 (3d Cir. 2013)
Annotate this CaseAndrea and Aaron lived together with their infant son from 2007 until 2009, when Andrea obtained an order of protection that described Aaron’s history of violence, including incidents of choking, slapping, and giving Andrea a black eye. Aaron had a criminal history that included check fraud, intimidation of another woman with whom he had a child, and shoplifting as a juvenile. He had also been charged with “indecent assault/rape” but found not guilty. Aaron’s father, Michael, a police officer, was aware of his son’s history and that two of Aaron’s children had died under mysterious circumstances while in his custody (he later confessed to killing them). Aaron had a room in his father’s home, drove his father’s truck, and received mail at his father’s address. Five days after the order issued Aaron returned to Andrea’s apartment and threatened to “cut her up.” An arrest warrant for Aaron issued. While Michael was on vacation, Aaron went to his home, found a copy of the criminal complaint against him, drank a bottle of 99-proof alcohol, ransacked the house and found his father’s service-issued gun, then used it to kill Andrea. Aaron was later killed by police, outside his father’s house. Andrea’s estate sued Michael for civil damages under 42 U.S.C. 1983. The district court denied Michael’s motion for summary judgment asserting qualified immunity and statutory immunity. The Third Circuit reversed, with instructions to dismiss, finding that Michael’s conduct fell within the immunity established by the Child Safety Lock Act of 2005, 18 U.S.C. 922(z)(3).
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