MANIS v. LAWSON

No. 08-30987.

585 F.3d 839 (2009)

Bryce MANIS; Madison Manis, through their natural tutrix, Tonya Plaisance, Plaintiffs-Appellees, v. Arthur LAWSON, in his capacity as Chief of Police for the City of Gretna; Gretna City; Douglass Zemlik, Officer, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 15, 2009.


Attorney(s) appearing for the Case

Julian R. Murray (argued), Chehardy, Sherman, Ellis, Murray, Recile, Griffith, Stakelum & Hayes, L.L.P., Metairie, LA, for Plaintiffs-Appellees.

Franz L. Zibilich (argued), Martiny & Associates, Metairie, LA, for Defendants-Appellants.

Before JONES, Chief Judge, and PRADO and HAYNES, Circuit Judges.


EDITH H. JONES, Chief Judge:

Police officer Douglass Zemlik ("Zemlik") fatally shot Michael D. Manis, Jr., ("Manis") while responding to a call that Manis's vehicle was idling on railroad tracks at an intersection in Gretna, Louisiana. Manis's surviving children brought a 42 U.S.C. § 1983 action alleging that Zemlik used excessive force in violation of the Fourth Amendment. The district court tersely denied Zemlik's motion to sustain qualified immunity without...

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