Carlson v. Fewins, No. 13-2643 (6th Cir. 2015)
Annotate this CaseApproximately 60 Grand Traverse County officers converged on Carlson’s house after calls from family members indicated that Carlson, who was armed, was alone in his house, threatening suicide. Hours after their last contact with Carlson, officers broke windows and flooded the house with tear gas, which did not drive Carlson out as intended. Carlson finally reacted, hours later, by shouting and threatening officers in his yard. A sniper, who believed Carlson was preparing to shoot an officer, shot through a window, killing Carlson. In a suit under 42 U.S.C. 1983, the court granted summary judgment to the county and the officers in charge of the operation, who did not seek a warrant to attack Carlson’s house or seize him inside. The Sixth Circuit reversed. The evidence suggested that in the split second of their choosing and without a warrant, the team decided to end hours of tense, quiet waiting by taking the precise action that Carlson described as “the start of the war.” A jury could find the totality of the circumstances made this unreasonable, not just in hindsight, but from the perspective of any reasonable person responsible for rendering aid to an armed and obviously emotionally disturbed person.The court did not grant summary judgment to the sniper, but the Sixth Circuit affirmed a verdict in his favor.
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