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WILEY v. MEMPHIS POLICE DEPT.

No. 75-2321.

548 F.2d 1247 (1977)

Martha WILEY, mother and next of kin of Fred Lee Berry, a Deceased minor, Plaintiff-Appellant, v. MEMPHIS POLICE DEPARTMENT et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 10, 1977.

Attorney(s) appearing for the Case

G. Philip Arnold, Ratner, Sugarmon, Lucas & Salky, Memphis, Tenn., William E. Caldwell, Paul R. Dimond, Washington, D.C., Jack Greenberg, New York City, for plaintiff-appellant.

Arthur J. Shea, Charles V. Holmes, Asst. City Attys., Memphis, Tenn., for defendants-appellees.

Robert S. Catz, Howard S. Scher, Gerald J. Wein, Urban Law Institute, Inc., Washington, D.C., amicus curiae.

Before WEICK and McCREE, Circuit Judges, and MILLER, Judge of the United States Court of Customs and Patent Appeals.

WEICK, Circuit Judge.

This is an appeal from a judgment for the defendants after a non-jury trial of an action seeking $1,000,000 damages and declaratory relief, brought by Martha Wiley against police officers and municipal defendants. Wiley sued for the alleged wrongful death of her son, Freddie Lee Berry, who was nearing his seventeenth birthday when he was shot and killed in the night season while fleeing from a sporting goods store in which the police officers...

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