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JENKINS v. AVERETT

No. 13627.

424 F.2d 1228 (1970)

Robert Leon JENKINS, a minor, by his mother and next friend, Roberta B. Jenkins, Appellant, v. F. W. AVERETT, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 20, 1970.

Attorney(s) appearing for the Case

James E. Ferguson, II, Charlotte, N. C. (Chambers, Stein, Ferguson & Lanning, Charlotte, N. C., Conrad O. Pearson, Durham, N. C., Robert Harrell, Asheville, N. C., Jack Greenberg and Michael Meltsner, New York City, on brief), for appellant.

F. W. Averett, appellee, did not file a brief and did not appear for argument.

Before SOBELOFF, BRYAN and BUTZNER, Circuit Judges.

SOBELOFF, Circuit Judge:

The subject matter of this appeal is an occurrence in Asheville, North Carolina, on August 5, 1967. On that night, appellant, Robert Jenkins, an 18-year-old black youth, was shot by F. W. Averett, appellee, a white Asheville police officer. Jenkins had committed no crime nor was he ever charged with one. Subsequently, he sued Averett in the United States District Court to recover damages for violation of his constitutional rights under 42...

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