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SAMPLES ON BEHALF OF SAMPLES v. CITY OF ATLANTA

No. 87-8576.

846 F.2d 1328 (1988)

Oather Jefferson SAMPLES and Barbara Jackson, on behalf of their minor child David SAMPLES, deceased, and on their own behalf, Plaintiffs-Appellants, v. CITY OF ATLANTA and Officer J.M. Oglesby, Individually and in his official capacity as a police officer for the City of Atlanta, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 13, 1988.

Attorney(s) appearing for the Case

Yehuda Smolar, Thomas Allan Rice, Atlanta, Ga., for plaintiffs-appellants.

Marva Jones Brooks, Law Dept. City of Atlanta, George R. Ference, W. Roy Mays, III, Atlanta, Ga., for defendants-appellees.

Before FAY and CLARK, Circuit Judges, and GUIN, District Judge.

FAY, Circuit Judge:

Plaintiffs Oather Jefferson Samples and Barbara Jackson1 appeal the decision of the United States District Court for the Northern District of Georgia to grant the defendants' summary judgment motion. We agree with the plaintiffs that their claims against both Officer J.M. Oglesby and the city of Atlanta ("the city") raise genuine issues of material fact and that, therefore, summary judgment was inappropriate.

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