United States Sixth Circuit

In a 42 U.S.C. section 1983 action arising after defendant-officer shot plaintiffs' father during an attempted arrest following a routine traffic stop, denial of summary judgment for defendants is reversed where: 1) the force used was constitutionally reasonable and, thus, plaintiffs failed to establish a constitutional violation; and 2) consequently, a claim of inadequate training by defendant-city also failed.

Appellate Information

• Decided 04/04/2008
• Published 04/04/2008

Judges

• Before:  BOGGS, Chief Judge;  KENNEDY, Circuit Judge;  JORDAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert H. Watson, Jr., Watson, Roach, Batson, Rowell & Lauderback, Knoxville, Tennessee, Daniel H. Rader, III, Moore, Rader, Clift and Fitzpatrick, P.C., Cookeville, Tennessee, for Appellants.  Amy V. Hollars, Livingston, Tennessee, for Appellees.   ON BRIEF:  Robert H. Watson, Jr., Watson, Roach, Batson, Rowell & Lauderback, Knoxville, Tennessee, Daniel H. Rader, III, Moore, Rader, Clift and Fitzpatrick, P.C., Cookeville, Tennessee, for Appellants.  Amy V. Hollars, Livingston, Tennessee, Jon E. Jones, Law Office of Jon E. Jones, Cookeville, Tennessee, for Appellees.