United States Fourth Circuit

In case where defendant deputy sheriff attempted to use a Taser to stop plaintiff from fleeing arrest but mistakenly drew his firearm and shot plaintiff, denial of defendant's summary judgment motion is vacated in part and remanded where the district court neglected to note that plaintiff bore the initial burden of proof of showing an unreasonable seizure and the court must reassess the issue of whether a constitutional violation occurred in light of the proper burden of proof and the discovery materials that it ordered produced.

Appellate Information

• Decided 09/20/2007
• Published 09/20/2007

Judges

• Before WILLIAMS, Chief Judge, SHEDD, Circuit Judge, and WIDENER, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• John Francis Breads, Jr., Local Government Insurance Trust, Columbia, Maryland, for Appellant.  Eric M. May, Washington, D.C., for Appellee.