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GARNER v. MEMPHIS POLICE DEPT.

No. 92-6196.

8 F.3d 358 (1993)

Cleamtee GARNER, Father and next-of-kin of Edward Eugene Garner, a deceased minor, Plaintiff-Appellant, v. MEMPHIS POLICE DEPARTMENT; City of Memphis, Tennessee, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 22, 1993.

Rehearing and Suggestion for Rehearing Denied December 7, 1993.

Attorney(s) appearing for the Case

Clyde E. Murphy (briefed), NAACP Legal Defense & Educational Fund, New York City, Walter Lee Bailey, Jr. (briefed), Anne B. Gullick (argued and briefed), Memphis, TN, for plaintiff-appellant.

Arthur J. Shea, Henry L. Klein (argued and briefed), Apperson, Crump, Duzane & Maxwell, Memphis, TN, for defendants-appellees.

Before: MERRITT, Chief Judge, and KEITH and SUHRHEINRICH, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied December 7, 1993.

MERRITT, Chief Judge.

This is a wrongful death action brought under 42 U.S.C. § 1983 which has now been to this court three times and once to the Supreme Court. It involves the fatal shooting by a Memphis police officer of a fifteen-year-old fleeing felony suspect under circumstances which this court and the Supreme Court have held violated the Fourth Amendment right to be free from...

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