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Tuesday, September 26, 2006

Ind. Decisions - "Court OKs Ball State shooting lawsuit"

"Court OKs Ball State shooting lawsuit" is the heading to a brief AP story posted on the Indianapolis Star website this morning. It reports:

MUNCIE, Ind. -- A federal appeals court is allowing a wrongful death lawsuit to proceed against a former Ball State University police officer who fatally shot an unarmed student.

Robert Duplain had asked the 7th U.S. Circuit Court of Appeals in Chicago to dismiss the lawsuit by the family of Mike McKinney, arguing that he had qualified immunity as a police officer and had used reasonable force when the student lunged at him in a dark alley.

U.S. District Judge Richard L. Young previously refused to dismiss the case because he said there was a factual dispute over whether McKinney posed a threat to Duplain. In its Sept. 12 opinion, appeals court denied Duplain's request on the same grounds. * * *

The case originally had been scheduled to be tried beginning Sept. 19 in U.S. District Court in Indianapolis.
"It's going to be reset for trial," said Thomas Malapit Jr., one of the attorneys representing McKinney's parents. "That doesn't mean other motions won't get filed by Duplain's attorneys to try to somehow obtain an early termination of the case, but as it stands right now, it's going to be reset for trial." [emphasis added by ILB]

The ILB actually reported this decision two weeks ago, on Sept. 12th. See the 9/12/06 ILB entry here. Note also in that entry the Circuit Court's references to another high profile Indiana case involving somewhat similar circumstances, Leaf v. Shelnutt.

Posted by Marcia Oddi on September 26, 2006 09:40 AM
Posted to Ind. (7th Cir.) Decisions