Lyniece Nelson, on behalf of herself individually and as Personal Representative of the Estate of Henry Hilliard a.k.a. Shelly Hilliard, Plaintiff-Appellee,
City of Madison Heights, et al, Defendants, Chad Wolowiec, Defendant-Appellant.
Argued: October 18, 2016
from the United States District Court for the Eastern
District of Michigan at Ann Arbor. No. 5:13-cv-10632-Judith
E. Levy, District Judge.
J. Patterson, POTTER, DEAGOSTINO, O'DEA & PATTERSON,
Auburn Hills, Michigan, for Appellant.
Kathryn Bruner James, GOODMAN & HURWITZ, P.C., Detroit,
Michigan, for Appellee.
J. Patterson, Steven M. Potter, Robert C. Clark, POTTER,
DEAGOSTINO, O'DEA & PATTERSON, Auburn Hills,
Michigan, for Appellant.
Kathryn Bruner James, William H. Goodman, Julie H. Hurwitz,
GOODMAN & HURWITZ, P.C., Detroit, Michigan, for Appellee.
Before: KEITH, BATCHELDER, and CLAY, Circuit Judges.
J. KEITH, Circuit Judge.
County Police Officer Chad Wolowiec ("Officer
Wolowiec") appeals from the district court's order
denying his motion for summary judgment against Lyniece
Nelson's ("Nelson") § 1983 claims against
him in connection with her daughter's death. We AFFIRM.
case involves the events that led to the unfortunate death of
nineteen-year-old Shelly Hilliard
("Hilliard"). On October 19, 2011, Hilliard was
staying at a Motel 6 in Madison Heights, Michigan. Officer
Wolowiec was also at the motel that day conducting a
narcotics investigation. According to Officer Wolowiec's
deposition testimony, he walked by Hilliard's room and
saw a bag of marijuana through one of the open windows.
Officer Wolowiec called for assistance and police officer
David Koehler ("Officer Koehler") arrived on the
scene. Officers Wolowiec and Kohler initiated a "knock
and talk" at the door of Hilliard's hotel room.
After Hilliard consented to the officers' request to
enter her room, they found a bag of marijuana in the
avoid arrest, Hilliard asked whether she could "work
off" the possession charge. Hilliard agreed to call her
drug dealer, Qasin Raqib ("Raqib"), also known as
"Red, " and order drugs from him. After she called
Raqib and he spoke with Officer Wolowiec to confirm the
order, Raqib agreed to meet them at the hotel room in twenty
minutes with the drugs. However, Officer Wolowiec planned ...