Heather Baker, as Personal Representative of the Estate of Kyle Baker, Deceased v. City of Trenton, Michigan, et al.

I.

1. Whether, consistent with the Second Amendment right to bear arms, police can conduct a warrantless search of a private home based on the resident’s lawful purchase and possession of a firearm, in the absence of any indication that the gun was ever used illegally or offensively.

2. Whether Respondents’ claimed belief that the decedent’s mother was at risk of imminent injury, based on a police dispatch, satisfies the “objectively reasonable” requirement for a warrantless “risk of danger” entry of a private residence when the mother had not been in the home that day, nobody told the dispatcher that the mother was at the home, and the dispatcher did not tell the officers that the mother was at the home. II.

3. Whether, in an excessive force case arising from a fatal police shooting, in which a defendant seeks summary judgment on grounds of self-defense, a disputed issue of material fact is presented when the plaintiff provides the official autopsy report which contradicts the defendant’s story, but no expert report or testimony.

4. Whether, when a jury can reasonably find that retreat to safety was available, it is “excessive force” to instead kill a young man wielding a lawn mower blade, suspected of having stolen a cell phone and being mentally unbalanced.