Mitchell v. Schlabach

The Alger County, Michigan dispatch center received a report that Mitchell had assaulted “Kevin,” had been drinking, and was “swerving all over the road.” Officer Schlabach identified Mitchell’s car, followed it into a parking lot, and stopped alongside. Mitchell sped back onto the highway. Schlabach pursued Mitchell through residential neighborhoods, around cars, and through stop signs, often in excess of 100 miles per hour in pouring rain. Minutes later, Mitchell ran his car into a ditch in a national forest. Schlabach parked 63.6 feet from Mitchell’s car. Mitchell exited the car, looked toward Schlabach, then turned away and crouched toward the ground. Mitchell appeared to be unarmed. Schlabach drew his handgun and slowly approached Mitchell. Mitchell walked toward Schlabach with “[c]lenched fists, wide eyes, coming directly ... towards me, ... refusing to listen to any of my direct commands.” The dash-cam video did not clearly show Mitchell’s facial expressions but left “little room to doubt the hostility of Mitchell’s approach” even after Schlabach began backing away in fear. Mitchell pressed Schlabach all the way across the road. Schlabach fired a shot. Mitchell hunched over slightly but continued moving purposefully toward Schlabach. Schlabach fired again. Mitchell collapsed and died. The Sixth Circuit affirmed summary judgment of qualified immunity in favor of Schlabach, noting that the confrontation took less than 20 seconds. Courts must make an “allowance for the fact that police officers are often forced to make split-second judgments.” View "Mitchell v. Schlabach" on Justia Law