NOT RECOMMENDED FOR PUBLICATION File Name: 21a0421n.06 Case Nos. 20-1003/1222 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT NELDA KELLOM, Individually and as ) Personal Representative of the Estate of ) FILED Sep 03, 2021 TERRANCE KELLOM, Deceased; ) DEBORAH S. HUNT, Clerk LAWANDA KELLOM, TERRELL ) KELLOM, KEVIN KELLOM, and TERIA ) KELLOM, Individually; JANAY WILLIAMS, ) as personal representative of Terrance ) Kellom’s two minor children, son, T.D.K., and ) ON APPEAL FROM THE UNITED daughter, T.D.K., ) STATES DISTRICT COURT FOR ) THE EASTERN DISTRICT OF Plaintiffs-Appellants, ) MICHIGAN v. ) ) MITCHELL QUINN, Immigration and ) Customs Enforcement Agent; UNITED ) STATES OF AMERICA, ) Defendants-Appellees (20-1003/1222), ) ) DARELL FITZGERALD and TREVA ) EATON, individually and in their official ) capacities as Detroit Police Officers; CITY OF ) DETROIT, MICHIGAN; JAMES E. CRAIG, ) in his official capacity, jointly and severally, ) ) Defendants-Appellees (20-1003). ) . BEFORE: SILER, MOORE, and THAPAR, Circuit Judges. THAPAR, Circuit Judge. This case involves the fatal shooting of Terrance Kellom during an attempted arrest. A jury decided that the shooting was justified. But Kellom’s estate and family Case Nos. 20-1003/1222, Kellom, et al. v. Quinn, et al. now challenge various pre-trial rulings by the district court, plus evidentiary rulings at trial. We affirm in part, reverse in part, and remand some issues to the district court. I. Terrance Kellom had outstanding arrest warrants for armed robbery and unlawful possession of a firearm. So law enforcement deployed a federal task force to find him. As part of their search, task force members visited the home of Kellom’s girlfriend. She told them that Kellom had recently shattered her car windows with a hammer and threatened to burn down her house. She also told police that Kellom was living at his father’s house and described his car. Officer Treva Eaton, a Detroit police officer and member of the federal task force, went to Kellom’s father’s house to conduct surveillance. She observed Kellom’s car in the driveway and watched him come in and out of the house. Having located Kellom, the task force set up outside the house to arrest him. Officer Darell Fitzgerald, another Detroit police officer on the federal task force, knocked on the front door. When Kellom’s father answered, Fitzgerald explained that Kellom had outstanding warrants and that police were there to make an arrest. Fitzgerald continued to speak with Kellom’s father while other officers began searching for Kellom inside the home. A task force member found Kellom in the upstairs attic, identified himself as law enforcement, and ordered Kellom to show his hands. Kellom did not comply. Instead, he warned the officer that he had a gun and that the police would “have to kill [him].” R. 234, Pg. ID 5296. The officer radioed for backup. Agent Mitchell Quinn, an Immigration and Customs Enforcement officer and a third member of the federal task force, heard the call for assistance and entered the home. Meanwhile, officers upstairs observed Kellom …
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