Lewis v. Charter Twp. of Flint

Full title: CARMITA LEWIS, as personal representative of the Estate of Dominque Lewis…

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Nov 17, 2016

Case No. 15-11430 (E.D. Mich. Nov. 17, 2016)

Opinion

Case No. 15-11430

11-17-2016

CARMITA LEWIS, as personal representative of the Estate of Dominque Lewis, Plaintiff, v. CHARTER TOWNSHIP OF FLINT, FLINT POLICE OFFICER MATTHEW NEEDHAM, Defendants.

HON. AVERN COHN

ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Doc. 14) AND DEFENDANTS' SECOND MOTION FOR SUMMARY JUDGMENT (Doc. 34)

This is a case under 42 U.S.C. § 1983 involving a fatal police shooting. Plaintiff Carmita Lewis, as personal representative of the Estate of Dominique Lewis, is suing the Charter Township of Flint and Flint Police Officer Matthew Needham.

Defendants took an appeal to the Court of Appeals for the Sixth Circuit from the Court's qualified immunity decision. Proceedings were stayed by the Sixth Circuit pending appal. Lewis v. Charter Twp. of Flint, No. 15-1908 (Jan. 4, 2016).

The Sixth Circuit affirmed the Court and held that based on the video alone, Needham is not entitled to qualified immunity. Lewis v. Charter Twp. of Flint, No. 15-1908 (6^th Cir. Aug. 22, 2016).

The following motions are pending:

1. Defendants' motion for summary judgment (Doc. 14)

2. Defendants' second motion for summary judgment (Doc. 34)¹ Both motions argue that Needham is entitled to qualified immunity based on the video.

1 Also pending is Plaintiff's motion to compel (Doc. 41). --------

In light of the Sixth Circuit's decision, defendants' summary judgment motions are DENIED.

SO ORDERED.

S/Avern Cohn

AVERN COHN

UNITED STATES DISTRICT JUDGE Dated: November 17, 2016

Detroit, Michigan