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TAYLOR v. FARMER

No. 92-2618.

13 F.3d 117 (1993)

James E. TAYLOR, Administrator for the Estate of Brenda K. Taylor, Plaintiff-Appellee, v. David FARMER; Thomas P. Leonard, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided December 27, 1993.

Attorney(s) appearing for the Case

Andrew William Wood, Wood & Wood, Richmond, VA, argued, for defendants-appellants.

Joseph Francis Grove, Joseph F. Grove, P.C., Richmond, VA, argued, (Martin R. Johnson, Joseph F. Grove, P.C., on brief), for plaintiff-appellee.

Before PHILLIPS and WILKINSON, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

OPINION

WILKINSON, Circuit Judge:

This case gives us an opportunity to explore further the boundaries of the qualified immunity defense to suits alleging Fourth Amendment violations under 42 U.S.C. § 1983. Here, summary judgment on qualified immunity grounds is not available to the officers because a jury could reasonably believe that the officers' personal observations of a detained suspect were utterly inconsistent with descriptions provided them...

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