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Easley v. Reuss

532 F.3d 592 (2008)

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Easley v. Reuss

United States Court of Appeals for the Seventh Circuit

532 F.3d 592 (2008)

Facts

Cynthia Easley (plaintiff) filed a lawsuit in federal district court against Sergeant Michael Reuss (defendant) under 42 U.S.C. § 1983 after Easley’s son, Christopher, was shot and killed during an altercation with a group of police officers. Reuss was the highest-ranking officer at the scene when Christopher was killed. The district court granted summary judgment for Reuss, finding that he was entitled to qualified immunity. The United States Court of Appeals for the Seventh Circuit affirmed the district court. Easley petitioned the court of appeals, requesting a rehearing and suggesting a rehearing en banc. In her petition, Easley argued that the court of appeals had failed to consider the state-created danger exception to qualified immunity when it initially decided her case. However, Easley never mentioned the state-created danger exception in any of her previous court filings.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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