Jacobs v. Alam, No. 18-1124 (6th Cir. 2019)Annotate this Case
Officers searched for a fugitive in a house in which Jacobs rented a basement apartment. The house belonged to the fugitive’s brother. They did not find the fugitive. Following the search, plaintiff returned home from work and entered his basement apartment through a backdoor without noticing the officers. He claims that his living area had been ransacked. He ran up the backstairs shouting. According to the officers, Jacobs pointed a gun and shot at them. The officers returned fire and arrested him. Jacob admits he had a holstered pistol but denies that he touched it at all. Contemporaneous with turning to flee and reaching for his holster, Jacobs fell down the steps and was shot in the stomach, shoulder, and leg. Forensic evidence later confirmed that Jacobs did not fire his gun; witness accounts conflicted on whether he pointed the gun at an officer. .After a jury acquitted Jacobs of state criminal charges, he filed “Bivens” action against the officers, alleging excessive force, false arrest, malicious prosecution, fabrication of evidence, and civil conspiracy. The district court denied defendants qualified immunity. The Sixth Circuit affirmed in part, finding plaintiff’s “garden-variety Bivens” claims viable in light of the Supreme Court’s holdings in “Ziglar” and “Hernandez” as “run-of-the-mill challenges” to “standard law enforcement operations.” The court dismissed some of the specific challenges for lack of jurisdiction in an interlocutory appeal.