No. 19-694

Heather Baker, as Personal Representative of the Estate of Kyle Baker, Deceased v. City of Trenton, Michigan, et al.

Lower Court: Sixth Circuit
Docketed: 2019-12-02
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights due-process excessive-force fourth-amendment home-invasion police-conduct police-procedure search-and-seizure second-amendment self-defense standing warrantless-search
Key Terms:
FourthAmendment SecondAmendment DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2020-02-21
Question Presented (from Petition)

I.
1. Whether, consistent with the Second
Amendment right to bear arms, police can conduct a
warrantless search of a private home based on the
resident's lawful purchase and possession of a firearm,
in the absence of any indication that the gun was ever
used illegally or offensively.
2. Whether Respondents' claimed belief that the
decedent's mother was at risk of imminent injury,
based on a police dispatch, satisfies the "objectively
reasonable" requirement for a warrantless "risk of
danger" entry of a private residence when the mother
had not been in the home that day, nobody told the
dispatcher that the mother was at the home, and the
dispatcher did not tell the officers that the mother was
at the home.
II.
3. Whether, in an excessive force case arising from
a fatal police shooting, in which a defendant seeks
summary judgment on grounds of self-defense, a
disputed issue of material fact is presented when the
plaintiff provides the official autopsy report which
contradicts the defendant's story, but no expert report
or testimony.
4. Whether, when a jury can reasonably find that
retreat to safety was available, it is "excessive force" to
instead kill a young man wielding a lawn mower blade,
suspected of having stolen a cell phone and being
mentally unbalanced.

Question Presented (AI Summary)

Whether the Second Amendment right to bear arms precludes warrantless home searches based on lawful firearm possession

Docket Entries

2020-02-24
Petition DENIED.
2020-01-15
DISTRIBUTED for Conference of 2/21/2020.
2019-12-17
Waiver of right of respondent City of Trenton, Michigan, et al. to respond filed.
2019-11-26
Petition for a writ of certiorari filed. (Response due January 2, 2020)

Attorneys

City of Trenton, Michigan, et al.
Courtney A. JonesKallas & Henk, PC, Respondent
Heather, Personal Representative of the Estate of Kyle Baker, Deceased Baker
Mark Roy BendureBendure & Thomas, Petitioner