Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 2:12-cv-14306—Stephen J. Murphy III, District Judge.
Decided and Filed: December 27, 2017
Before: CLAY and STRANCH, Circuit Judges; BLACK, District Judge.
JANE B. STRANCH, Circuit Judge. Lowell Phillips, then a Ferndale Police Officer,
ended a car chase on the outskirts of Detroit by ramming Laszlo Latits’s car off the road and then
shooting and killing Latits as he tried to resume flight. Latits’s widow sued former Officer
Phillips under 42 U.S.C. § 1983 alleging that Phillips’s actions violated the Fourth Amendment.
The district court granted summary judgment to Phillips, concluding that the shooting was
reasonable. We determine that Phillips’s use of deadly force was objectively unreasonable, in
violation of the Fourth Amendment. Caselaw existing at the time of the events, however, did not
clearly establish the objective unreasonableness of Phillips’s actions in the circumstances of this
case. Phillips is therefore entitled to qualified immunity and we must AFFIRM.