Rebecca Rodriquez v. Thomas Passinault, No. 09-1949 (6th Cir. 2011)
Annotate this CaseHaving consumed alcohol in violation of his parole terms, Murray tried to elude a police cruiser. He parked his truck in an alley and, with his passenger, ducked down to avoid being seen. When officers began to search around the truck, Murray attempted to drive away. The officers filed several shots at the truck. Murray was struck by a bullet and paralyzed. The truck crashed into a ditch and Murray died. The trial court dismissed the passenger's 42 U.S.C. Sec. 1983 of excessive force. The Sixth Circuit reversed and remanded, rejecting a conclusion that no "seizure" had occurred for Fourth Amendment purposes. The passenger was not a hostage; the officers shot at the truck to stop the truck, not to free the passenger, and effectively seized the truck and all occupants. The passenger was not hit by gunfire, but may have been injured. The passenger's claim was not barred by the decision in an earlier case, brought by Murray's estate and claiming excessive force against Murray. Whether the officer has qualified immunity depends on which version of the facts is accepted by a jury.
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