PRUITT v. CITY OF MONTGOMERY, ALA.

No. 84-7571.

771 F.2d 1475 (1985)

Darryl PRUITT, Plaintiff-Appellee, v. The CITY OF MONTGOMERY, ALABAMA, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied October 28, 1985.


Attorney(s) appearing for the Case

Robert C. Black, Hill, Hill, Carter, Franco, Cole & Black, Montgomery, Ala., for defendants-appellants.

N. Gunter Guy, City Atty., Montgomery, Ala., for City of Montgomery.

Charles A. Graddick, Atty. Gen., Joseph G.L. Marston, III, Asst. Atty. Gen., Montgomery, Ala., for intervenors, State of Ala. and Atty. Gen. of Ala.

Ira A. Burnim, Dennis Charles Sweet, III, Montgomery, Ala., for plaintiff-appellee.

Before FAY and ANDERSON, Circuit Judges, and GIBSON, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied October 28, 1985.

R. LANIER ANDERSON, III, Circuit Judge:

Appellant City of Montgomery (the "City") challenges a jury verdict in favor of appellee Darryl Pruitt ("Pruitt") on Pruitt's claim under 42 U.S.C.A. § 1983 that a Montgomery police officer's unconstitutional use of "deadly force" caused him severe and permanent physical injury. The district court held, based upon its earlier decision in Ayler v. Hopper...

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