42 USC § 1983 action alleging an excessive force claim; Determining whether deadly force was justified; Barnes v Felix; Whether a second shooting violated the Fourth Amendment; Bletz v Gribble; Lee v Russ; “Failure to intervene” claim; Municipal liability; Failure to train

[This appeal was from the WD-MI.] In an order on petition for a rehearing en banc, the original panel reviewed the petition and concluded that the issues it raised were fully considered in the original submission and decision (see eJournal # 84667 in the 11/20/25 edition). The petition was denied. Judge Griffin would grant the petition for the reasons stated in his dissent to the court’s original opinion “and for those stated in his dissent appended to this order. The petition was then circulated to the full court. Less than a majority of the judges voted in favor of rehearing en banc.” In the original opinion, the court held that plaintiff successfully pled a claim that defendants-police officers violated her husband’s “clearly established rights when they fired a second, deadly round of shots at him as he lay on the ground.”