Sabo v. City of Mentor, No. 10-4358 (6th Cir. 2011)
Annotate this CaseWife noticed her 72-year-old husband acting strangely and, fearing a stroke, called 911. When paramedics responded, husband refused to cooperate, demanding that they leave and threatening to retrieve a firearm. The paramedics retreated and radioed police for support. Police established a defensive perimeter around the home, called husband and told him to exit the house with his hands in the air, so that the officers could see he was unarmed. Although he acted confused on the first call and did not answer the second, he exited a few minutes later holding a shotgun skyward at a forty-five degree angle, with the barrel in his left hand and the stock in his right. None of the officers spoke to husband or told him to drop the gun. An officer fired a single shot, hitting his back and killing him. Police allege that he paused and leveled his gun in the direction of officers. Wife alleges that stopped and began to turn; as he turned, the gun barrel dropped. The district court dismissed the 42 U.S.C. 1983, but held that there were material issues of fact on whether officers were entitled to qualified immunity. The Sixth Circuit affirmed, holding that there was no legal issue for appeal.
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