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GIBBS v. TOWN OF FRISCO CITY, ALABAMA, ETC.

No. 79-1929.

626 F.2d 1218 (1980)

Louise GIBBS, as Administratrix of the Estate of Calvin Ray Gibbs, Deceased, Plaintiff-Appellant, v. The TOWN OF FRISCO CITY, ALABAMA POLICE DEPARTMENT, et al., Defendants, Claude Green and Ralph M. Tatum, Individually and in their capacity as Police Officers of the Frisco City Police Department, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 1, 1980.

Attorney(s) appearing for the Case

Charles Stephen Ralston, Gail J. Wright, Steven L. Winter, New York City, for plaintiff-appellant.

Coxwell & Coxwell, John M. Coxwell, Monroeville, Ala., for defendants-appellees.

Before VANCE and GARZA, Circuit Judges, and ALLGOOD, District Judge.

VANCE, Circuit Judge:

On the night of November 14, 1976, plaintiff's son was chased into a shopping center parking lot in Monroeville, Alabama by police officers of the Town of Frisco City, Alabama, where he was shot and killed. Plaintiff, as administratrix of her son's estate, filed suit under 42 U.S.C. § 1983. Following trial the jury awarded her damages against the individual defendants totaling $12,000.1 She then moved pursuant...

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