GILMERE v. CITY OF ATLANTA, GA.

Nos. 82-8457, 82-8760.

737 F.2d 894 (1984)

Emma F. GILMERE, individually and as Administratrix of the Estate of Thomas E. Patillo and for the benefit of his next of kin, Plaintiff-Appellee, Cross-Appellant, v. CITY OF ATLANTA, GEORGIA, et al., Defendants-Appellants, Cross-Appellees. Emma F. GILMERE, Plaintiff-Appellee, Cross-Appellant, v. CITY OF ATLANTA, et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

Opinion on Granting Rehearing October 1, 1984.


Attorney(s) appearing for the Case

Marva Jones Brooks, Mary Carole Cooney, Laurice Mayes Pope, George R. Ference, Atlanta, Ga., for City of Atlanta & R.C. Sampson.

J.M. Raffauf, Decatur, Ga., for Gilmere.

Before TJOFLAT and HILL, Circuit Judges, and LYNNE, District Judge.


Opinion on Granting Rehearing En Banc October 1, 1984.

TJOFLAT, Circuit Judge:

This is a survival action1 brought by the administratrix of the estate of a man injured, and killed, in a police-citizen encounter. We determine the sufficiency of the plaintiff's damages claims under 42 U.S.C. § 1983 (1982),2 and state tort law, against the City of Atlanta, three officials of the City's Police Department...

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