United States Fourth Circuit

Summary judgment for defendants in a 42 U.S.C. section 1983 excessive force action against a police department and officers involving the officers' fatal shooting of plaintiff's son is reversed where the district court abused its discretion in granting summary judgment without providing plaintiff an opportunity to discover whether cameras installed in police vehicles recorded the incident at issue.

Appellate Information

• Decided 03/08/2006
• Published 03/08/2006

Judges

• Before WILLIAMS, MOTZ, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kyle William King, Weaverville, North Carolina, for Appellant.  Frederick S. Barbour, McGuire, Wood & Bissette, P.A., Asheville, North Carolina, for Appellees.   ON BRIEF:  Rendi L. Mann-Stadt, McGuire, Wood & Bissette, P.A., Asheville, North Carolina;  Curtis W. Euler, Office of City Attorney for the City of Asheville, Asheville, North Carolina, for Appellees.