Betty Cameron, Pers. Rep. of the Est. of Christopher Cameron v. City of Pontiac, Michigan, Michael McBride & Vernon Roberts, 813 F.2d 782 (6th Cir. 1987). · Go Syfert
Betty Cameron, Pers. Rep. of the Est. of Christopher Cameron v. City of Pontiac, Michigan, Michael McBride & Vernon Roberts, 813 F.2d 782 (6th Cir. 1987). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases, last quoted 2008 · …was not restrained by, or as a result of, the officer's show of authority at p. 785
cited 2× by 1 distinct case, last quoted 1988 · …was not, as a matter of law, the proximate cause of cameron's death. ≈ altered
71 citation events (30 in the last 25 years) across 14 distinct courts.
Strongest positive: Campbell v. Cheatham County Sheriff's Department (tnmd, 2021-01-05)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
cited Cited as authority (rule) Campbell v. Cheatham County Sheriff's Department
M.D. Tenn. · 2021 · confidence medium
No. 70 at 9 (citing Cameron v. City of Pontiac, 813 F.2d 782, 785 (6th Cir. 1987) and Adams v. City of Auburn Hills, 336 F.3d 515, 519 (6th Cir. 2003)).
discussed Cited as authority (rule) Brooks v. Gaenzle
10th Cir. · 2010 · confidence medium
See, e.g., United States v. Bradley, 196 F.3d 762, 768 (7th Cir.1999) (holding “there must be either a show of authority or a use of force” which “must have caused the fleeing individual to stop attempting escape”); United States v. Hernandez, 27 F.3d 1403, 1405, 1406-07 (9th Cir.1994) (determining *1224 no seizure occurred when officer grabbed suspect, a struggle ensued, and suspect fled, as he “was not seized because he never submitted to authority, nor was he physically subdued” and further holding “[a] seizure does not occur if an officer applies physical force in an attempt …
examined Cited as authority (rule) Floyd v. City of Detroit (3×)
6th Cir. · 2008 · confidence medium
He goes so far as to argue that “[assuming, arguendo, that Floyd was not armed and posed no immediate threat of death or serious bodily injury to Quaine and that Quaine violated all manner of recognized police procedures by shooting at and missing Floyd, he, nonetheless, did not violate Floyd’s rights.” As authority for this proposition, Quaine relies heavily on this court’s prior statement that “shooting at a fleeing felon, but missing, is not a ‘seizure.’ ” Adams v. City of Auburn Hills, 336 F.3d 515, 519 (6th Cir.2003) (citing Cameron v. City of Pontiac, 813 F.2d 782, 785 (6…
examined Cited as authority (rule) Floyd v. City of Detroit (3×)
6th Cir. · 2008 · confidence medium
He goes so far as to argue that “[a]ssuming, arguendo, that Floyd was not armed and posed no immediate threat of death or serious bodily injury to Quaine and that Quaine violated all manner of recognized police procedures by shooting at and missing Floyd, he, nonetheless, did not violate Floyd’s rights.” As authority for this proposition, Quaine relies heavily on this court’s prior statement that “shooting at a fleeing felon, but missing, is not a ‘seizure.’” Adams v. City of Auburn Hills, 336 F.3d 515, 519 (6th Cir. 2003) (citing Cameron v. City of Pontiac, 813 F.2d 782, 785 (…
discussed Cited as authority (rule) Slusher v. Carson
E.D. Mich. · 2007 · confidence medium
However, “ ‘[t]he Fourth Amendment protects against unreasonable seizures, not unreasonable or even outrageous conduct in general.’ ” Cameron v. City of Pontiac, 813 F.2d 782, 784 (6th Cir.1987)(quoting Galas v. McKee, 801 F.2d 200, 202 (6th Cir.1986)(emphasis added in Cameron )(internal quotation marks omitted)).
discussed Cited as authority (rule) Ferrante v. Peters
6th Cir. · 2005 · confidence medium
“The Fourth Amendment pro *848 tects against unreasonable seizures, not unreasonable or even outrageous conduct in general.” Cameron v. City of Pontiac, Michigan, 813 F.2d 782, 784 (6th Cir.1987) (quoting Galas v. McKee, 801 F.2d 200, 202 (6th Cir.1986) (internal quotation marks omitted)).
cited Cited as authority (rule) Earl Hickerson, Plaintiff-Appellant/cross-Appellee v. Unit Officer John Koepp, Defendant-Appellee/cross-Appellant
6th Cir. · 1997 · confidence medium
Cameron v. City of Pontiac, Mich., 813 F.2d 782, 786 (6th Cir.1987).
discussed Cited as authority (rule) Spears v. City of Louisville
6th Cir. · 1994 · confidence medium
See also Jones, 827 F.2d at 1104 (high-speed pursuit of a traffic offender that terminates in an accident does not constitute a seizure of the offender because no physical force or show of authority on the part of the officer caused the restraint on the offender's liberty); Cameron v. City of Pontiac, Mich., 813 F.2d 782, 785-86 (6th Cir.1987) (pursuit of fleeing burglary suspect resulting in suspect's death when he tried to cross a busy expressway neither a seizure nor the proximate cause of his death). 11 In Galas, we also rejected the plaintiffs' Fourteenth Amendment claim that the policy o…
cited Cited as authority (rule) Kevin P. Scudder v. Earl O. Smith, Franklin County Sheriff Mark J. Barrett, Chief Deputy Sheriff Franklin County Correction Center
6th Cir. · 1993 · signal: cf. · confidence medium
Cf. Cameron v. City of Pontiac, Mich., 813 F.2d 782, 786 (6th Cir.1987).
cited Cited as authority (rule) Carter v. Buscher
7th Cir. · 1992 · confidence medium
E.g., Tom v. Voida, 963 F.2d 952, 956 (7th Cir.1992); Cameron v. City of Pontiac, 813 F.2d 782, 784 (6th Cir.1987).
cited Cited as authority (rule) Carter v. Buscher
7th Cir. · 1992 · confidence medium
E.g., Tom v. Voida, 963 F.2d 952, 956 (7th Cir.1992); Cameron v. City of Pontiac, 813 F.2d 782, 784 (6th Cir.1987).
discussed Cited as authority (rule) Dismukes v. Hackathorn
N.D. Miss. · 1992 · signal: cf. · confidence medium
Galas v. McKee, 801 F.2d 200, 202-03 (6th Cir.1986); Cf. Cameron v. Pontiac, 813 F.2d 782, 785 (6th Cir.1987) (suspect killed by fleeing onto highway not seized by pursuing officers); see Adams v. Canton, Ohio Police Dept., 793 F.2d 1290 (6th Cir.1986) (affirming district court’s dismissal of decedent’s estate’s § 1983 action against police department, police chief, mayor, city safety director and individual police officer for pursuing a traffic offender at a high rate of speed, culminating in the offender’s collision with decedent’s vehicle).
examined Cited as authority (rule) Roddel v. Town of Flora (6×) also: Cited "see, e.g."
Ind. Ct. App. · 1991 · confidence medium
See Martinez v. California, 444 U.S. 277, 285 , 100 S.Ct. 553, 559 , 62 L.Ed.2d 481 (1980); Cameron v. Pontiac, 813 F.2d 782, 786 (CA6 1987).
discussed Cited as authority (rule) Barbara Ann Brandenburg v. Harry E. Cureton, Lynn Murphy, Calvin Morton, Jr., Appeal of Warren G. Hatfield, Roy Sharp and Mark Wright
6th Cir. · 1989 · confidence medium
A necessary element for recovery in a civil rights action brought pursuant to 42 U.S.C. § 1983 for illegal seizure is the use of “unreasonable force.” Cameron v. City of Pontiac, Mich., 813 F.2d 782, 784 (6th Cir.1987) (citing Tennessee v. Garner, 471 U.S. 1 , 105 S.Ct. 1694 , 85 L.Ed.2d 1 (1985)).
discussed Cited as authority (rule) Brower Ex Rel. Estate of Caldwell v. County of Inyo (2×)
SCOTUS · 1989 · confidence medium
See Martinez v. California, 444 U. S. 277, 285 (1980); Cameron v. Pontiac, 813 F. 2d 782, 786 (CA6 1987), Thus, the circumstances of this roadblock, including the allegation that headlights were used to blind the oncoming driver, may yet determine the outcome of this case.
discussed Cited as authority (rule) Janice Jones v. Charles E. Sherrill
6th Cir. · 1987 · signal: cf. · confidence medium
Galas v. McKee, 801 F.2d 200, 202-03 (6th Cir.1986); Cf Cameron v. City of Pontiac, Michigan, 813 F.2d 782, 785 (6th Cir.1987) (suspect killed by fleeing onto highway not seized by pursuing officers).
discussed Cited "see" Jenkins v. Rock Hill Local School District
6th Cir. · 2008 · signal: see · confidence high
See Cameron v. Pontiac, 813 F.2d 782, 786 (6th Cir.1987); see also Brokaw v. Mercer County, 235 F.3d 1000, 1012 (7th Cir.2000) (“An official causes a constitutional violation if he sets in motion a series of events that *590 defendant knew or reasonably should have known would cause others to deprive plaintiff of constitutional rights.”) (citing Morris v. Dearborne, 181 F.3d 657, 672 (5th Cir.1999)).
discussed Cited "see" Mulkey v. Rock Hill Loc School
6th Cir. · 2008 · signal: see · confidence high
See Cameron v. Pontiac, 813 F.2d 782, 786 (6th Cir. 1987); see also Brokaw v. Mercer County, 235 F.3d 1000, 1012 (7th Cir. 2000) (“An official causes a constitutional violation if he sets in motion a series of events that defendant knew or reasonably should have known would cause others to deprive plaintiff of constitutional rights.”) (citing Morris v. Dearborne, 181 F.3d 657, 672 (5th Cir. 1999)).
cited Cited "see" Wendell Hale v. Jerry Fee
6th Cir. · 1995 · signal: see · confidence high
See Cameron v. City of Pontiac, Mich., 813 F.2d 782, 786 (6th Cir.1987). 4 Accordingly, the dismissal of this complaint is affirmed.
discussed Cited "see" Yueal Butler v. Billy Compton Michael Stuart Howard Lowrey Lorie Barnett Larry Williams Lovelady, Irc
6th Cir. · 1995 · signal: see · confidence high
See Cameron v. City of Pontiac, Mich., 813 F.2d 782, 786 (6th Cir.1987). 5 We further conclude that the district court improperly dismissed Butler's Fourteenth Amendment due process claims as frivolous.
cited Cited "see" James Lynn Thomas v. J. Wilcox Marjorie Van Ochten
6th Cir. · 1995 · signal: see · confidence high
See Cameron v. City of Pontiac, Mich., 813 F.2d 782, 786 (6th Cir.1987). 11 Accordingly, the district court's judgment, entered on April 28, 1994, is hereby affirmed.
cited Cited "see" Edward N. Carlton v. Barbara Fassbender, Sgt. Dennis Deroucha
6th Cir. · 1993 · signal: see · confidence high
See Cameron v. City of Pontiac, Mich., 813 F.2d 782, 786 (6th Cir.1987); Grady v. Wilken, 735 F.2d 303, 306 (8th Cir.1984) (per curiam). 9 Accordingly, the district court's judgment is affirmed.
cited Cited "see" Ernest Ralph Ellis, Sr., Jean Ellen Ellis v. City of Cleveland, Cleveland Board of Education
6th Cir. · 1989 · signal: see · confidence high
See Cameron v. City of Pontiac, Mich., 813 F.2d 782, 786 (6th Cir.1987).
cited Cited "see, e.g." Terry Gandy v. Neal Robey
4th Cir. · 2013 · signal: see, e.g. · confidence medium
See, e.g., Cameron v. City of Pontiac, 813 F.2d 782, 785 (6th Cir.1987).
discussed Cited "see, e.g." Tiffany McCoy v. Raymond Harrison, in His Individual Capacity
7th Cir. · 2003 · signal: see also · confidence medium
See County of Sacramento v. Lewis, 523 U.S. 833, 843-44 , 118 S.Ct. 1708 , 140 L.Ed.2d 1043 (1998) (citing Hodari D., 499 U.S. at 626 , 111 S.Ct. 1547 , and Brower, 489 U.S. 596 -97, 109 S.Ct. 1378 ); see also Cameron v. City of Pontiac, 813 F.2d 782, 785-86 (6th Cir.1987) (finding that even with use of deadly force, where there was no actual physical seizure, “the alleged unreasonableness of the officers’ conduct cannot serve as a basis for a § 1983 cause of action anchored in the Fourth Amendment,” even though the suspect died, from other causes independent of the officers’ use of d…
Retrieving the full opinion text from the archive…
Betty CAMERON, Personal Representative of the Estate of Christopher Cameron, Plaintiff-Appellant,
v.
CITY OF PONTIAC, MICHIGAN, Michael McBride, and Vernon Roberts, Defendants-Appellees
86-1067.
Court of Appeals for the Sixth Circuit.
Mar 13, 1987.
813 F.2d 782
1987 U.S. App. LEXIS 3316
Michael D.P. Burwell (argued), Bloomfield Hills, Mich., for plaintiff-appellant., Gene A. Farber, Timothy Downs (argued), Detroit, Mich., for defendants-appellees.
Krupansky, Nelson, Ryan.
Cited by 43 opinions  |  Published
KRUPANSKY, Circuit Judge.

Plaintiff-appellant Betty Cameron (appellant) appealed from the district court’s order, 623 F.Supp. 1238, granting summary judgment in favor of defendants-appellees in this 42 U.S.C. § 1983 action pursuant to the precedent enunciated by the Supreme Court in Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985). Defendants-appellees are the City of Pontiac, Michigan, Michael McBride (McBride), and Yernon Roberts (Roberts). McBride and Roberts are uniformed City of Pontiac police officers.

On the morning of April 17, 1983 McBride and Roberts, while on regular patrol, were dispatched to a home within the City of Pontiac to investigate a reported burglary. Upon their arrival at the scene, an elderly woman ran from the front door of the residence onto the front porch, hysterically crying for help, and shrieking that “they broke in” and “they’re trying to kill me.”

The officers immediately ran to the rear of the house where they observed two black males, later identified as Christopher Cameron (Cameron) and Anthony Jackson[*784] (Jackson), [1] exit and flee from the house. McBride and Roberts, after having identified themselves as police officers, ordered Cameron and Jackson to halt. The suspects ignored the command whereupon the officers drew their revolvers and each fired two shots in the direction of the fleeing suspects. After the shots were fired, Jackson surrendered to Officer McBride who placed him under arrest.

Cameron continued to run in an easterly direction to a railroad track. Roberts, who was in hot pursuit of Cameron, fired two additional shots. Cameron continued his flight along the railroad tracks. At one point, Cameron stopped for some unknown reason about 60 yards away from Roberts, who fired another shot.

Cameron resumed his flight paralleling the fence line of the M-59 expressway. Other officers approached from the opposite direction obstructing Cameron’s escape route. He thereupon scaled the right-of-way fence onto the M-59 high speed expressway where he was struck and killed by a motor vehicle.

Subsequent investigation proved that Cameron was unarmed. Officers McBride and Roberts testified in their deposition that during the pursuit they had not observed a weapon. They further testified that they had not felt endangered during the incident.

On April 8, 1985, the appellant, Cameron’s mother, commenced this § 1983 action against the City and Officers McBride and Roberts alleging that the officers unjustifiably used deadly force in attempting to apprehend Cameron. The defendants filed a motion to dismiss and/or summary judgment, and on December 27, 1985, the district court dismissed the action. [2] The plaintiff then instituted this timely appeal.

A plaintiff must establish three elements in order to recover in a § 1983 action based upon Tennessee v. Gamer, supra. First, a plaintiff must prove that the “victim” had been “seized” within the meaning of the Fourth Amendment. “The Fourth Amendment protects against ‘unreasonable seizures,’ not unreasonable or even outrageous conduct in general.” Galas v. McKee, 801 F.2d 200, 202 (6th Cir.1986) (emphasis added). Second, a plaintiff must show that the force used was unreasonable under the Fourth Amendment. “[T]he reasonableness of a seizure or method of seizure cannot be challenged under the Fourth Amendment unless there was a completed seizure....” Id. at 203. If a plaintiff has established that there had been a seizure and that the seizure had been unreasonable, he must support his claim by showing that the constitutional violation had proximately caused his injury. Id. at 202 (citing Lossman v. Pekarske, 707 F.2d 288, 290 (7th Cir.1983)).

In this case, the undisputed facts disclosed that Cameron was not seized within the meaning of the Fourth Amendment. In Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), the Supreme Court determined “that whenever a police officer accosts an individual and restrains his freedom to walk away, he has ‘seized’ that person.” Id. at 16, 88 S.Ct. at 1877. “[A] person is ‘seized’ only when, by means of physical force or a show of authority, his freedom of movement is restrained.” United States v. Mendenhall, 446 U.S. 544, 553, 100 S.Ct. 1870, 1877, 64 L.Ed.2d 497, reh’g denied, 448 U.S. 908, 100 S.Ct. 3051, 65 L.Ed.2d 1138 (1980).

We conclude that a person has been “seized” within the meaning of the Fourth Amendment only if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave. Examples of circumstances that might indicate a seizure, even where the person[*785] did not attempt to leave, would be the threatening presence of several officers, the display of a weapon by an officer, some physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer’s request might be compelled.

Id. at 554, 100 S.Ct. at 1877 (footnote and citations omitted).

In Tennessee v. Garner, supra, the Supreme Court reconsidered the meaning of the term “seizure” and determined that “there can be no question that apprehension by the use of deadly force is a seizure subject to the reasonableness requirement of the Fourth Amendment.” 105 S.Ct. at 1699. The Court then concluded that the use of deadly force to apprehend an unarmed fleeing felon who poses no immediate threat to the officer or others is unreasonable and gives rise to a cause of action under 42 U.S.C. § 1983 for violation of the decedent’s Fourth Amendment rights.

This circuit recently interpreted Gamer in Galas v. McKee, supra. In Galas, Officer McKee, a motorcycle patrolman with the Nashville police department, observed a vehicle traveling well above the speed limit. By using the motorcycle’s flashing blue lights and siren, he signaled the driver of the automobile to stop. The driver, thirteen year old Galas, did not obey officer McKee’s signal, and instead accelerated in an attempt to flee. During the ensuing high speed chase, Galas lost control of the automobile, crashed, and suffered severe and permanent injuries.

Galas thereafter filed an action under 42 U.S.C. § 1983 alleging, inter alia, a violation of his Fourth Amendment right to be free from unreasonable seizures. The district court granted the defendant’s motion for summary judgment, and Galas appealed arguing “that the continuance of a high-speed pursuit of a traffic offender until the pursuit is terminated by a crash of the offender’s vehicle constitutes an unreasonable seizure in violation of the Fourth Amendment.” Id. at 202. This Court concluded that there had been no seizure:

“Only when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen may we conclude that a ‘seizure’ has occurred.”
In the instant case, there was no exercise of physical force. Thus, the remaining question is whether the defendant officer, by a show of authority, restrained the liberty of the minor plaintiff. Clearly, during the initial stages of the pursuit when the minor plaintiff decided to flee rather than to obey the defendant officer’s directive to stop, the minor plaintiff was not restrained. Just as clearly, when the pursuit terminated in an accident with personal injury to the minor plaintiff, he was not restrained by, or as a result of, the officer’s show of authority. Rather, the minor plaintiff’s inability to leave was because he wrecked his automobile, and no seizure occurred.

Id. at 203 (citation omitted).

As in Galas, Cameron was not seized by Officers McBride and Roberts. Cameron elected to flee, not to be restrained. The officers’ show of authority by firing their weapons, while designed to apprehend Cameron, did not stop or in any way restrain him. “Just as clearly, when the pursuit terminated in an accident [causing the death of] the minor plaintiff, he was not restrained by, or as a result of, the officer’s show of authority.” Id. Cameron’s freedom of movement was restrained only because he killed himself by electing to run onto a heavily traveled, high speed freeway.

The use of deadly force standing alone does not constitute a seizure, and absent an actual physical restraint or physical seizure, the alleged unreasonableness of the officers’ conduct cannot serve as a basis for a § 1983 cause of action anchored in the Fourth Amendment. Consequently, the reasonableness of the officers’ use of their weapons in attempting to apprehend Cameron cannot be challenged under § 1983.

Assuming arguendo that a genuine issue of material fact existed as to whether[*786] a seizure had been effected, the use of firearms by the officers obviously was not the proximate cause of Cameron’s death. As noted by Judge LaPlatta in his opinion below:

The Court concludes that the manner in which Christopher Cameron met his death was completely independent of the application of deadly force by Officer Roberts; the moving vehicle by which Cameron was struck was a distinct, unrelated, unexpected, superseding, but efficient medium. It was not reasonably forseeable [sic] to Officer Roberts that while attempting to escape from a lawful arrest, Cameron would leap over a fence, run on to a frequently traveled highway, and be fatally struck by a motor vehicle. It would be unfair, and possibly absurd, to permit a fleeing felon, uninjured by a pursuing police officer, to benefit from his unwise choice of an escape route,

(footnotes omitted). Even if Cameron had been seized by unreasonable means, his estate could not recover unless the constitutional violation was a proximate cause of his death. Galas, 801 F.2d at 202 (citing Lossman v. Pekarske, 707 F.2d 288, 290 (7th Cir.1983)).

Clearly, use of firearms by the officers in the attempted apprehension of Cameron was not, as a matter of law, the proximate cause of his death. He was killed when he, at his own election, ran onto a high speed freeway. The district court was correct in concluding that this was unforeseeable, and that it would be an absurd result indeed to permit recovery for a felon’s unwise choice of an escape route. The summary judgment ordered by the district court in this case is, therefore, AFFIRMED.

1

. Cameron was 17 years of age at the time of this incident. The record did not disclose Jackson’s age.

2

. The district court ordered that the action be dismissed pursuant to Fed.R.Civ.P. 12(b)(6). The court’s opinion, however, alluded to several facts outside of the pleadings which were developed during pretrial discovery depositions. Under such circumstances, a motion to dismiss is more appropriately treated as a motion for summary judgment. Fed.R.Civ.P. 12(b). Mozert v. Hawkins County Public Schools, 765 F.2d 75, 78 (6th Cir.1985).