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Two officer immunity cases decided by the courts reach different outcomes

This week, Michigan's Court of Appeals overturned the lower court and summarily dismissed a claim of illegal arrest and imprisonment against a Sheriff's Deputy in Eichorn v. Marsh.  The Court held that where the Plaintiff had acknowledged using a gun to prevent a car and its occupants from leaving its parking spot, there was probable cause that he had committed a felony and the officer was not required to take into account the arrestee's explanation of self defense.


In Harris v. Lesseigne, the Sixth Circuit federal court upheld the trial judge's refusal to grant summary disposition to another law officer who shot and killed an allegedly unarmed man.  The Court noted in Harris that while the account of the incident reported by police officers directly contradicted another witness's claim that the victim had thrown a shotgun over a nearby fence before he was killed, it was not for the Court to decide which account of  the incident to believe.  The case was remanded to the lower court for a jury trial.

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