United States Sixth Circuit

Denial of motion for summary judgment on grounds of qualified immunity brought by defendant, a deputy sheriff, is affirmed in a civil rights case where plaintiff's right not to be seized by deadly force when fleeing arrest was clearly established at the time he was killed.

Appellate Information

• Decided 12/02/2005
• Published 12/02/2005

Judges

• Before:  MERRITT and ROGERS, Circuit Judges;  DUPLANTIER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  W. Jeffrey Hollingsworth, Chambliss, Bahner & Stophel, Chattanooga, Tennessee, for Appellant.  Peter B. Murphy, McCarthy & Murphy, Chattanooga, Tennessee, for Appellees.   ON BRIEF:  W. Jeffrey Hollingsworth, Bret S. Alexander, Chambliss, Bahner & Stophel, Chattanooga, Tennessee, for Appellant.  Peter B. Murphy, McCarthy & Murphy, Chattanooga, Tennessee, for Appellees.