CARTER v. CITY OF CHATTANOOGA, TENN.

Nos. 84-5247, 84-5276.

803 F.2d 217 (1986)

Rosa CARTER, Administratrix of the Estate of Adrian Miles Carter, Deceased, Plaintiff-Appellant, Cross-Appellee, v. CITY OF CHATTANOOGA, TENNESSEE, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 6, 1986.

Rehearing Denied November 7, 1986.


Attorney(s) appearing for the Case

John W. McClarty (lead), McClarty & Williams, Rheubin M. Taylor, Chattanooga, Tenn., for plaintiff-appellant, cross-appellee.

Eugene N. Collins, City Atty., Chattanooga, Tenn., Randall L. Nelson, for defendant-appellee, cross-appellant.

Before JONES and WELLFORD, Circuit Judges, and GILMORE, District at Judge:


GILMORE, District Judge.

In this case, plaintiff-appellant's son was shot and killed by Chattanooga police in December 1982 during an attempt to escape from the scene of a daytime burglary. Appellant sued under 42 U.S.C. § 1983, claiming that her son's Fourteenth Amendment rights had been violated by both the officer and the city.

At the time of the shooting, the City of Chattanooga trained its police officers...

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