SHAW v. STROUD

Nos. 92-2029, 92-2109, 92-2252 and 92-2253.

13 F.3d 791 (1994)

Deborah SHAW, Administratrix of the Estate of Sidney Bowen, deceased; Nancy Bowen, Individually, and as guardian ad litem for Kimberly Yvonne Bowen and Lee Frederick Bowen, the minor children of Sidney Bowen, Plaintiffs-Appellees, v. C.I. STROUD, Individually, Defendant-Appellant, and Alfred E. Morris, J.M. Smith; J.A. McVicker; J.H. Parks, in their individual capacities, Defendants. Deborah SHAW, Administratrix of the Estate of Sidney Bowen, deceased; Nancy Bowen, Individually, and as guardian ad litem for Kimberly Yvonne Bowen and Lee Frederick Bowen, the minor children of Sidney Bowen, Plaintiffs-Appellants, v. Alfred E. MORRIS; C.I. Stroud, J.M. Smith, in their individual capacities, Defendants-Appellees, and J.A. McVicker; J.H. Parks, in their individual capacities, Defendants. Deborah SHAW, Administratrix of the Estate of Sidney Bowen, deceased; Nancy Bowen, Individually, and as guardian ad litem for Kimberly Yvonne Bowen and Lee Frederick Bowen, the minor children of Sidney Bowen, Plaintiffs-Appellants, v. C.I. STROUD; Alfred E. Morris; J.M. Smith, in their individual capacities, Defendants-Appellees. Deborah SHAW, Administratrix of the Estate of Sidney Bowen, deceased; Nancy Bowen, Individually, and as guardian ad litem for Kimberly Yvonne Bowen and Lee Frederick Bowen, the minor children of Sidney Bowen, Plaintiffs-Appellees, v. C.I. STROUD, Individually, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 6, 1994.


Attorney(s) appearing for the Case

Rudolph A. Ashton, III, Sumrell, Sugg, Carmichael & Ashton, P.A., New Bern, NC, Samuel Thomas Currin, Raleigh, NC, Linda Anne Fox, Asst. Atty. Gen., North Carolina Dept. of Justice, Raleigh, NC, argued (Denise D. Daggett, Raleigh, NC, Michael F. Easley, Atty. Gen. of North Carolina, Isaac T. Avery, III, Sp. Deputy Atty. Gen., North Carolina Dept. of Justice, Raleigh, NC, on brief), for defendant-appellant.

James Elliot Ferguson, II, Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, P.A., Charlotte, NC, argued (Anita S. Hodgkiss, on brief), for plaintiffs-appellees.

Before HALL, PHILLIPS, and HAMILTON, Circuit Judges.


OPINION

HAMILTON, Circuit Judge:

These consolidated appeals and cross-appeals arise out of an action under 42 U.S.C. § 1983 and state law against a North Carolina state trooper and several of his supervisors by the wife and minor children of a citizen the trooper shot and killed during an arrest.

I

On February 27, 1990, Officer Alfred Morris (Morris), a seven-year veteran of the North Carolina...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases