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WRIGHT v. WHIDDON

No. 90-8863.

951 F.2d 297 (1992)

Robert WRIGHT, Sr., Individually and as Administrator of the Estate of Robert Wright, Jr. and for the benefit of his next of kin; and Ruby Wright, Individually, Plaintiffs-Appellees, v. Lamar WHIDDON, Individually and as Sheriff of Turner County; Turner County, Georgia; City of Ashburn, Georgia; Defendants, Scotty Ireland, Individually and as a Police Officer of the City of Ashburn, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 14, 1992.

Attorney(s) appearing for the Case

O. Hale Almand, Jr., Sell & Melton, Alan H. Rumph, Smith Hawkins Almand & Hollingsworth, Macon, Ga., for defendant-appellant.

Larry B. Mims, Tifton, Ga., Willie Abrams, Baltimore, Md., for plaintiffs-appellees.

Before COX, Circuit Judge, GODBOLD and JOHNSON, Senior Circuit Judges.

COX, Circuit Judge:

Scotty Ireland, a police officer for the City of Ashburn, Georgia, appeals the district court's denial of a motion for summary judgment on the grounds of qualified immunity in a 42 U.S.C. § 1983 lawsuit brought by the parents of Robert Wright, Jr. The suit arises out of the fatal shooting of Wright as he was attempting to escape from custody.

Facts

The facts in this case are essentially undisputed. In September 1985...

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