Attorney obtained summary judgment in a reported precedential opinion

Attorney obtained summary judgment in a reported precedential opinion. The Circuit Court affirmed the grant of summary judgment to our clients, a police chief, investigative supervisor, and tactical commander.  The officers formulated a "surround and call out operation" for the arrest of an armed robber whose co-conspirator had pointed a gun at police officers several weeks prior, and died in the ensuing shoot-out.  The grandmother of the robber filed claims of excessive force and supervisory liability, claiming that the officers' actions at the scene caused her to have a heart attack, and that the chief and supervisors were liable for formulating a plan that called for excessive force.  Applying the Supreme Court's rationale from Ashcroft v. Iqbal, the Circuit Court held that where an operation results in an alleged excessive use of force against one of several people believed to be present when the plan was formulated, it does not give rise to a supervisory liability claim, because "[t]o hold otherwise would allow a plaintiff to pursue a supervisory liability claim anytime a planned operation resulted in excessive force, merely by describing the force used and appending the phrase, 'and the Chief told them to do it.' Iqbal requires more."  Applying similar reasoning, the Court also affirmed the favorable ruling as to the municipality.