Shirley Brown v. Michael Chapman, et al

Filing

OPINION and JUDGMENT filed : The district court s grant of summary judgment to the officers on plaintiff s claim that the officers stopped Rodney Brown s vehicle without probable cause is REVERSED, but the district court s finding that the City of Cleveland is not liable on that claim is AFFIRMED. The district court s grant of summary judgment to Michael Chapman on plaintiff s claim that his use of a taser consitituted excessive force and its finding that the City of Cleveland is not liable on that claim are REVERSED. The district court s grant of summary judgment to Erik Melendez on plaintiff s deliberate-indifference claim is REVERSED. Decision for publication. Karen Nelson Moore (AUTHORING), Eric L. Clay, and Ronald Lee Gilman, Circuit Judges.

Case: 15-3506

Document: 24-3

Filed: 02/19/2016

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 15-3506
SHIRLEY BROWN, Individually and as
Administratrix of the Estate of Rodney Brown,
Plaintiff - Appellant,

FILED
Feb 19, 2016
DEBORAH S. HUNT, Clerk

v.
MICHAEL CHAPMAN; BELAL ILAIN;
ERIK MELENDEZ, CITY OF CLEVELAND,
Defendants - Appellees.
Before: MOORE, CLAY, and GILMAN, Circuit Judges.
JUDGMENT
On Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s grant of summary
judgment to the officers on plaintiff’s claim that the officers stopped Rodney Brown’s vehicle without
probable cause is REVERSED, but the district court’s finding that the City of Cleveland is not liable on
that claim is AFFIRMED. IT IS FURTHER ORDERED that the district court’s grant of summary
judgment to Michael Chapman on plaintiff’s claim that his use of a taser consitituted excessive force and
its finding that the City of Cleveland is not liable on that claim are REVERSED. IT IS FURTHER
ORDERED that the district court’s grant of summary judgment to Erik Melendez on plaintiff’s
deliberate-indifference claim is REVERSED.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk