Family appeals decision to dismiss lawsuit in 2016 Ishpeming shooting

North Central UP
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ISHPEMING, Mich. (WJMN) — Thursday, attorneys for the Estate of Clifford Tucker appealed that decision to the U.S. Court of Appeals for the Sixth Circuit.

The attorneys expect the Sixth Circuit to reverse Judge Maloney and send the case back to District Court for a jury trial.

“A reasonable jury could find that, under those circumstances, Romback faced no immediate threat to his safety when he fired at Tucker and that his decision to shoot Tucker was therefore unconstitutional. In our judicial system, it is the job of the jury to make that determination, not the judge,” According to Tucker’s attorney, Cynthia Heenan.

The appeal also seeks to restore Tucker’s Estate’s claim that the Marquette County Sheriff’s Office failed to adequately train Romback and/or maintain policies to protect people’s constitutional rights.

Federal Judge Paul Maloney says deadly force was “reasonable in the tense circumstances of the moment.”

Original Post

MARQUETTE, Mich. (AP) — A judge has ruled in favor of an Upper Peninsula police officer and dismissed a lawsuit over the fatal shooting of a man who had threatened to kill himself.

Marquette County Sheriff’s Deputy Keith Romback said he went to Clifford Tucker’s home in 2016 because the former logger was despondent over chronic pain and threatening to end his life.

The deputy followed Tucker to a bedroom where the 68-year-old veteran picked up a shotgun.

Romback shot Tucker because he believed he was a threat to the officer.

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