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O'NEAL v. DeKALB COUNTY, GA.

No. 87-8682.

850 F.2d 653 (1988)

George Washington O'NEAL, Jr., et al., Plaintiffs-Appellants, Cross-Appellees, v. DeKALB COUNTY, GEORGIA, et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 25, 1988.

Attorney(s) appearing for the Case

James W. Howard, Howard, Secret & Wilde, Atlanta, Ga., for plaintiffs-appellants, cross-appellees.

Albert Sidney Johnson, DeKalb County Attorneys Office, Decatur, Ga., Judson Graves, Alston & Bird, Paul J. Quiner, Wade H. Watson, III, Johnson & Montgomery, Atlanta, Ga., for defendants-appellees, cross-appellants.

Before KRAVITCH and CLARK, Circuit Judges, and NICHOLS, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

The survivors of a man killed in a police shootout in DeKalb County, Georgia brought this action pursuant to 42 U.S.C. § 1983 against the officers involved in the shootout, certain county officials, and the County. The district court granted the defendants' motion for summary judgment on the ground that the decedent's constitutional rights had not been violated and therefore no section 1983 action could be maintained,

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