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ELLIOTT v. LEAVITT

Nos. 96-1150, 96-1151.

99 F.3d 640 (1996)

Dorothy C. ELLIOTT, Individually and as Co-Personal Representative of the Estate of Archie Elliott, III; Archie Elliott, Jr., Individually and as Co-Personal Representative of the Estate of Archie Elliott, III, Plaintiffs-Appellees, v. Jason LEAVITT, Police Officer for District Heights, MD, Defendant-Appellant, and Prince Georges County, Maryland; David B. Mitchell, Prince Georges County Police Chief; Wayne Cheney, Police Officer; City of District Heights, MD; Michael Conboy, Police Chief for District Heights, MD, Defendants. Dorothy C. ELLIOTT, Individually and as Co-Personal Representative of the Estate of Archie Elliott, III; Archie Elliott, Jr., Individually and as Co-Personal Representative of the Estate of Archie Elliott, III, Plaintiffs-Appellees, v. Wayne CHENEY, Police Officer, Defendant-Appellant, and Jason Leavitt, Police Officer for District Heights, MD; Prince Georges County, Maryland; David B. Mitchell, Prince Georges County Police Chief; City of District Heights, MD; Michael Conboy, Police Chief for District Heights, MD, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided November 8, 1996.

Attorney(s) appearing for the Case

ARGUED: Daniel Karp, Allen, Johnson, Alexander & Karp, Baltimore, MD, for Appellant Leavitt; Andrew Jensen Murray, Associate County Attorney, Upper Marlboro, MD, for Appellant Cheney. Robert W. Mance, III, Mundy, Holt & Mance, Washington, DC, for Appellees. ON BRIEF: Denise Ramsburg Stanley, Allen, Johnson, Alexander & Karp, Baltimore, MD, for Appellant Leavitt.

Before WILKINSON, Chief Judge, and WILKINS and WILLIAMS, Circuit Judges.

OPINION

WILKINSON, Chief Judge:

The parents of Archie Elliott III brought suit under 42 U.S.C. § 1983 alleging that police officers Jason Leavitt and Wayne Cheney used excessive force in the course of arresting Elliott for driving while intoxicated. The district court denied the officers' motion for summary judgment, and the officers filed this appeal challenging the court's refusal to grant them qualified immunity. We reverse the judgment of the district...

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