Larry T. Wilson v. Thomas L. Beebe
Cases that cite this one
25 later published cases cite this decision. The 24 that cite it most often are listed here.
- Fletcher Altman Smith, and Marguerite Elizabeth Smith v. Don Heath, and Jack Rohtert (6th Cir. 1982)
- Watson v. McGee (District Court, S.D. Ohio 1981)
- Larry T. Wilson, Cross-Appellant v. Thomas L. Beebe, Cross-Appellee (6th Cir. 1985)
- Larry T. Wilson, and Cross-Appellant v. Thomas L. Beebe, and Cross-Appellee (6th Cir. 1984)
- Stefaniak v. State of Mich. (District Court, W.D. Michigan 1983)
- Nedea v. Voinovich (District Court, N.D. Ohio 1998)
- Lentz v. Anderson (District Court, N.D. Ohio 1995)
- Pearly Wilson v. Richard P. Seiter Harry K. Russell and Norris W. McMackin (6th Cir. 1990)
- Saunders v. McFaul (Ohio Ct. App. 1990)
- Fadee Mulazim on Behalf of Himself and the Michigan Civic Committee v. Michigan Department of Corrections, Robert Redman, Robert Brown, Mr. Houseworth (6th Cir. 1987)
- Darwin Gravitt v. Gene Borgert (6th Cir. 1987)
- William Walker, Jr. v. Mike Caudill and Kelly Thompson (6th Cir. 1986)
- Leber v. Smith (6th Cir. 1985)
- Grandstaff v. City of Borger (5th Cir. 1985)
- Leber v. Smith (6th Cir. 1985)
- Miller v. Anderson (District Court, N.D. West Virginia 1984)
- Edward Lee Dunn v. The State of Tennessee (6th Cir. 1983)
- Minority Employees v. State, Department of Employment Security (District Court, M.D. Tennessee 1983)
- Melson v. Kroger Co. (District Court, S.D. Ohio 1982)
- Jones v. Denton (District Court, S.D. Ohio 1981)
- Smith v. Jordan (District Court, S.D. Ohio 1981)
- John C. Shimman, Cross-Appellant v. John Frank, Cross-Appellees (6th Cir. 1980)
- Madewell v. Garmon (District Court, E.D. Tennessee 1980)
- Freeman v. Trudell (District Court, E.D. Michigan 1980)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Plaintiff appeals from the dismissal of Counts 2 and 3 of a. complaint charging a State Police officer, Beebe, and two of his superior officers in the Michigan State Police force, with abuse of federal due process rights of plaintiff Wilson when officer Beebe, after apprehending Wilson on a breaking and entering charge, shot him in the lower back in the process of trying to handcuff him with a cocked revolver in his hand. The District Judge to whom. this case was assigned dismissed the counts pertaining to Beebe’s supervisory officers on the ground that the allegations against them did not state a cause of action under 42 U.S.C. § 1983 (1970), and certified the questions presented here as controlling questions of law, while retaining jurisdiction over the § 1983 complaint against State Police Officer Beebe.
The complaint in this case did not allege as to the two State Police officials that they played any personal role in the shooting incident. It does allege that they failed in their supervisory and training functions to prepare Officer Beebe properly for the making of the arrest involved.
It appears that the United States Supreme Court has held that a § 1983 action *276 will not lie against police supervisory officers for failure to prevent police misconduct, absent a showing of direct responsibility for the improper action. Rizzo v. Goode, 423 U.S. 362, 96 S.Ct. 598, 46 L.Ed.2d 561 (1976); Kostka v. Hogg, 560 F.2d 37 (1st Cir. 1977); Scheurer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974).
The judgment of the District Court is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.