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DICKERSON v. McCLELLAN

No. 94-5206.

101 F.3d 1151 (1996)

Chad Timothy DICKERSON and Deon Denay Dickerson, a minor, by her mother and legal guardian, Sharon Dale Stephens, Plaintiffs-Appellees, v. Cory D. McCLELLAN and Charles L. Stevens, Individually and in their Official Capacities as Police Officers for the Metropolitan Government of Nashville and Davidson County, Tennessee, Defendants-Appellants, Metropolitan Government of Nashville and Davidson County, Tennessee, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided December 9, 1996.

Attorney(s) appearing for the Case

Jeffrey Zager (argued and briefed), Thomas H. Peebles, Trabue, Sturdivant & DeWitt, Nashville, TN, for Plaintiffs-Appellees.

James L. Charles (briefed), the Metropolitan Government of Nashville & Davidson County, Department of Law, Nashville, TN, E. Joseph Fitzpatrick, Jr. (briefed), Jones, Rogers & Fitzpatrick, Nashville, TN, William S. Helfand (argued), Hirsch, Robinson, Sheiness & Glover, Houston, TX, for Defendants-Appellants.

Before: BATCHELDER and MOORE, Circuit Judges; ENSLEN, Chief District Judge.

MOORE, Circuit Judge.

Appellants, Officer Cory D. McClellan and Sergeant Charles L. Stevens (the "officers"), appeal the district court's denial of their motion for summary judgment based on qualified immunity in this 42 U.S.C. § 1983 action, brought by the appellees, children of Joel Dickerson who was fatally shot by McClellan when the officers responded to a "shots fired" call at his house. The plaintiffs allege Fourth Amendment violations under § 1983...

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