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Cass v. City of Dayton

United States Court of Appeals, Sixth Circuit

October 16, 2014

WILLIAM O. CASS, Administrator of the Estate of Derrick J. Jordan, Plaintiff-Appellant,
v.
CITY OF DAYTON; DAYTON POLICE DEPARTMENT; DAVID HOUSE; JOHN DOE, Defendants-Appellees

Argued August 8, 2014.

Page 369

[Copyrighted Material Omitted]

Page 370

Appeal from the United States District Court for the Southern District of Ohio at Dayton. No. 3:12-cv-00248--Timothy S. Black, District Judge.

ARGUED:

Matthew C. Schultz, BRANNON & ASSOCIATES, Dayton, Ohio, for Appellant.

Kelly M. Schroeder, FREUND, FREEZE & ARNOLD, Dayton, Ohio, for Appellees.

ON BRIEF:

Matthew C. Schultz, Dwight D. Brannon, BRANNON & ASSOCIATES, Dayton, Ohio, for Appellant.

Kelly M. Schroeder, Neil F. Freund, FREUND, FREEZE & ARNOLD, Dayton, Ohio, for Appellees.

Before: GIBBONS and McKEAGUE, Circuit Judges; LAWSON, District Judge.[*]

OPINION

Page 371

JULIA SMITH GIBBONS, Circuit Judge.

After a " buy-bust" operation took an unexpected turn, Detective David House of the Dayton City Police Department shot and killed Derrick Jordan. Jordan, not the intended target of the bullet, sat in the front passenger seat of a vehicle that, moments before the shot was fired, had been driven into two officers in an attempt to escape. Jordan's estate brought suit under 42 U.S.C. § 1983, alleging that House used excessive force in violation of the Fourth Amendment and that the City failed to train and supervise its employees adequately. Jordan's estate also asserted claims under Ohio law. The district court awarded summary judgment to the defendants on all claims and Jordan's estate appeals. For the following reasons, we affirm.

I.

This case arises out of a May 16, 2008, " buy-bust" operation orchestrated by Detective James Mullins of the Dayton Police Department Special Investigations Division Drug Unit. The operation was based on information received from a confidential informant, who was to purchase an ounce of crack cocaine from Robert Moore.

That evening, Mullins briefed the following team members on the operation: Sergeant Mark Spiers, Sergeant Brian Johns, Detective David House, Detective Keith Coberly, Detective Dennis Murphy, Detective Doug Hall, Detective Joe St. Clair, Detective Tommy Harshman, Officer Mark Ponichtera, Officer Ron Velez, and Officer Tom Oney. Mullins advised the team that the informant had ordered an ounce of crack cocaine, that Moore was a known drug dealer, and that Moore was known to be armed with a gun. Mullins explained that it was to be a two-part operation. The first part called for officers to arrest Moore following a traffic stop. If that was unsuccessful, Mullins would take the informant to the Econo Lodge on Edwin C. Moses Blvd. where the officers would arrest Moore after he sold the crack cocaine to the informant. Mullins advised that the team was to ...


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