Chappell v. City of Cleveland, No. 08-4456

In plaintiff-administratrix's case against the officers for the deadly shooting of a fifteen year-old in his bedroom while executing a search warrant of his home, district court's denial of officers' motion for summary judgment based on qualified immunity is reversed and remanded as the record supports the conclusion that the material facts are not genuinely disputed and, as a matter of law, officers' split-second decision to use deadly force in self-defense was not shown to have been objectively unreasonable. 

Read Chappell v. City of Cleveland, No. 08-4456

Appellate Information

Argued: October 6, 2009

Decided and Filed: November 4, 2009

Judges

Opinion by Circuit Judge McKeague

Counsel

For Appellant:  Stephen W. Funk, Roetzel & Andress, Akron, Ohio

For Appellee:  Terry H. Gilbert, Friedman & Gilbert, Cleveland, Ohio