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SAMPLES v. CITY OF ATLANTA

No. 89-8812.

916 F.2d 1548 (1990)

Oather Jefferson SAMPLES, Barbara Jackson, on behalf of their own self, and on behalf of their minor child David Samples, Plaintiffs-Appellants, v. CITY OF ATLANTA, 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.

November 13, 1990.

Attorney(s) appearing for the Case

Yehuda Smolar, James I. Seifter, Thomas Allan Rice, Smolar Pelletier Roseman & Barnes, Jeffrey L. Sakas, Harold A. Horne, Jr., Sakas Horne & Froman, Atlanta, Ga., for plaintiffs-appellants.

Deborah McIver Floyd, Overtis Hicks Brantley, City of Atlanta, Dept. of Law, W. Roy Mays, III, Fortson & Mays, Atlanta, Ga., for defendants-appellees.

Before CLARK, Circuit Judge, MORGAN and HILL, Senior Circuit Judges.

CLARK, Circuit Judge:

Plaintiffs Oather Jefferson Samples and Barbara Jackson filed this action against the City of Atlanta and Officer J.M. Oglesby pursuant to 42 U.S.C. § 1983 alleging that Officer Oglesby used excessive force when he shot and killed their son David on August 1, 1984. In June of 1987, the district court granted the defendants' motion for summary judgment, and on appeal this Court reversed and remanded the case for trial. Samples on Behalf...

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