Martin v. Davis et al.

Martin v. Davis et al.
(January 2009)

Thomas P. Anzelmo and Kyle P. Kirsch won a victory in favor of the City of Westwego and Officer Michael Davis in the case entitled Martin v. Davis, 2009 WL 152648 (E.D. La. 2009). The plaintiffs sued the City of Westwego and Officer Davis for excessive force alleging that the decedent’s Civil Rights were violated when he was shot a killed while Officer Davis was responding to a domestic violence 911 call. The District Court dismissed plaintiffs’ claims on summary judgment finding that Officer Davis’ actions were objectively reasonable in light of the fact that “Davis was facing a fleeing irrational man who had just fired a gun, who would not comply with simple commands and who was aggressively approaching Davis and his gun while asking to be shot.”