Burley v. Gagacki

Plaintiffs claim that, in a 2007 Detroit police raid on their home, Geraldine heard a loud boom and went upstairs where an officer put a gun to her face and said, “on the floor.” She explained that she had undergone two knee replacements. Another officer shoved her. She fell, hitting her head, shoulder, neck, and back against a table. Another officer walked on top of her body. When Geraldine’s adult daughter, Caroline, entered, an officer allegedly put a gun to her face and threw her onto the floor. Caroline yelled, “I’ve had back surgeries.” Another officer placed his foot on her back. The officers allegedly concealed their identities, wearing black clothing with their faces covered except for their eyes. The officers would only say that they were “Team 11,” from a multi-agency task force. It took two years for Wayne County to disclose a report that purportedly revealed the identities of the officers who executed the warrant. The federal defendants did not assert their lack of involvement during early discovery, but, after the limitations period had run, alleged that they did not participate in the raid. The Sixth Circuit reversed a directed verdict for the federal officers .On remand, the jury found that defendants did not participate in the raid. The Sixth Circuit affirmed in part, upholding the district court’s decision not to “shift[] the burden of production onto the federal agents to establish their lack of involvement.” View "Burley v. Gagacki" on Justia Law