Kimberly Vaughn v. James Rea
── Kimberly Vaughn v. James Rea ──
Court: Court of Appeals for the Sixth Circuit
Date: May 04, 2026
Category: General
RECOMMENDED FOR PUBLICATION
Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 26a0129p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
┐
KIMBERLY VAUGHN, through the Administration of the
│
Estate of Mohammad J. Isaifan, deceased,
│
Plaintiff-Appellant, > No. 25-3537
│
│
v. │
│
JAMES REA; MATTHEW AKER, │
Defendants-Appellees. │
┘
Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
No. 1:21-cv-02197—David A. Ruiz, District Judge.
Decided and Filed: May 4, 2026
Before: THAPAR, BUSH, and MURPHY, Circuit Judges.
_________________
COUNSEL
ON BRIEF: Scott T. Kamin, LAW OFFICES OF SCOTT T. KAMIN, Galesburg, Illinois, for
Appellant. Brian D. Bremer, Kirsten L. Smith, CITY OF AKRON, Akron, Ohio, for Appellees.
_________________
OPINION
_________________
THAPAR, Circuit Judge. In the span of five seconds, a noncompliant suspect drew his
gun and turned toward two police officers. The officers fatally shot him. The district court
granted the officers qualified immunity, and we affirm.
No. 25-3537 Vaughn v. Rea, et al. Page 2
I.
One morning, multiple callers reported to police dispatchers that a driver had backed his
car into a concrete median on the highway. The driver had abandoned his car, which was
partially blocking the fast lane. One caller reported that the driver was wearing a purple and gray
camouflage outfit and what looked like a bulletproof vest.
A nearby officer responded to the abandoned car. Through the open driver-side door, he
spotted several rifle rounds, an extended handgun magazine, and a handgun in a holster. He also
found a driver’s license belonging to Mohammad Jamal Isaifan. After running the car’s plates,
he discovered that the vehicle was registered to Isaifan, who had a listed address on Brittain
Road in Akron, Ohio. The officer relayed this information to dispatch.
Officers Matthew Akers and James Rea were parked near Isaifan’s address on
Brittain Road. While parked, they heard dispatch describe what happened and what the
responding officer found in the car. Based on those reports, Akers and Rea believed Isaifan was
armed—and likely nearby. They drove down Brittain Road to see whether Isaifan was walking
home from the highway. A few minutes later, they spotted a man wearing a tactical vest and
purple and gray camouflage who matched Isaifan’s description.
The first few moments of the officers’ interaction with Isaifan were captured on grainy
surveillance footage. When he saw the officers pulling over, Isaifan jogged into a wooded,
bushy area near the road and ducked out of sight. The officers then drew their weapons and
followed him into the shrubs, repeatedly identifying themselves as “Akron Police Department.”
R. 45, Pg. ID 421. As Isaifan came into view, the officers ordered him to raise his hands and get
on
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}