OWENS v. CITY OF ATLANTA

No. 84-8503.

780 F.2d 1564 (1986)

Emma L. OWENS, Individually, Delores Owens and Joseph Owens, As Joint Administratrix and Administrator of the Estate of Robert L. Owens, Deceased, Plaintiffs-Appellants, v. CITY OF ATLANTA, Gilbert Hammett, John Kirkland, Kirk Butler, L. Birdsong, Daniel Genson, W.M. Cochran, T.M. Steele & C.R. Brownlee, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 30, 1986.


Attorney(s) appearing for the Case

James L. Ford, Daniel M. Klein, Atlanta, Ga., for plaintiffs-appellants.

Roy Mays, III, Atlanta, Ga., for defendants-appellees.

Before RONEY and HILL, Circuit Judges, and PITTMAN, Senior District Judge.


RONEY, Circuit Judge:

There are two principal questions presented on this appeal: (1) whether individual city employees may be held liable under 42 U.S.C.A. § 1983 for merely negligent conduct, and (2) whether liability may be imposed against the City of Atlanta for maintaining a policy regarding use of a "stretch" restraining procedure. This case was orally argued on March 25, 1985, but a decision was delayed pending the en banc opinion in Gilmere...

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