CA11: Shooting passenger in a car used as a weapon unreasonable

Shooting a passenger in a car that was allegedly used as a weapon was unreasonable because the passenger had no control over the car and his shooting wouldn’t stop the car. Robinson v. Rankin, 2020 U.S. App. LEXIS 15297 (11th Cir. May 13, 2020).

“Police officers meant to arrest Roderick Siner, who goes by the alias Marvin Seals. They arrested Marvin Seales instead. Fifteen days later, the State realized the mistake and released Seales. Seales sued Thomas Zberkot (the police officer who arrested him), the City of Detroit (which held him for the first two days), and Wayne County (which held him in jail for about thirteen days after that). By the time of trial, only Officer Zberkot remained in the case, and the jury awarded Seales $3.5 million for wrongful detention under federal and state law. Because Officer Zberkot handled the case for fewer than three hours and because our prior decision in this case held as a matter of law that there was probable cause to arrest Seales given the similarities between him and Seals, we must reverse.” Seales v. City of Detroit, 2020 U.S. App. LEXIS 15298 (6th Cir. May 13, 2020).*