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GILMERE v. CITY OF ATLANTA, GA.

Nos. 82-8457, 82-8760.

774 F.2d 1495 (1985)

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.

United States Court of Appeals, Eleventh Circuit.

October 15, 1985.

Attorney(s) appearing for the Case

Marva Jones Brooks, Mary Carole Cooney, Gearge R. Ference, Atlanta, Ga., for defendants-appellants, cross-appellees.

J.M. Raffauf, Decatur, Ga., for plaintiff-appellee, cross-appellant.

Elizabeth J. Appley, Ralph S. Goldberg, Atlanta, Ga., amicus curiae, for ACLU.

Ira J. Kurzban, Miami, Fla., amicus curiae, for NECL.

Joel V. Lumer, Neil H. Chonin, Miami, Fla., amicus curiae, for ACLU of Florida & Nat. Emergency Civil Liberties Com'n.

Before GODBOLD, Chief Judge, RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HENDERSON, HATCHETT, ANDERSON and CLARK, Circuit Judges.

VANCE, Circuit Judge:

On New Year's Day in 1980, Thomas Patillo died at the hand of an Atlanta policeman. We accepted this case for en banc consideration primarily to determine whether Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), precludes a claim by his administratrix under 42 U.S.C. § 1983 because state tort law provides a comparable remedy.

I

The facts as found by the district...

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