GARNER v. MEMPHIS POLICE DEPT., ETC.

No. 77-1089.

600 F.2d 52 (1979)

Cleamtee GARNER, father and next of kin of Eugene Garner, a deceased minor, Plaintiff-Appellant, v. MEMPHIS POLICE DEPARTMENT, CITY OF MEMPHIS, TENNESSEE and Jay W. Hubbard and E. R. Hymon in their official capacities, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 18, 1979.


Attorney(s) appearing for the Case

Jack Greenberg, Charles Stephen Ralston, Steven L. Winter, New York City, Walter L. Bailey, Jr., D'Army Bailey, Memphis, Tenn., Avon N. Williams, Jr., Nashville, Tenn., for plaintiff-appellant.

Henry L. Klein, Memphis, Tenn., for defendants-appellees.

Before EDWARDS, Chief Judge and LIVELY and MERRITT, Circuit Judges.


MERRITT, Circuit Judge.

On the night of October 3, 1974, a fifteen year old, unarmed boy broke a window and entered an unoccupied residence in suburban Memphis to steal money and property. Two police officers, called to the scene by a neighbor, intercepted the youth as he ran from the back of the house to a six foot cyclone fence in the back yard. Using a 38-calibre pistol loaded with hollow point bullets, one of the officers shot and killed the boy from a range of...

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