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MENUEL v. CITY OF ATLANTA

No. 92-8803.

25 F.3d 990 (1994)

Artis MENUEL, Individually and in his capacity as natural father of Jessie Menuel, Deceased; Bell M. Scandrick, as Personal Representative of the Estate of Jessie Menuel, Deceased, Plaintiffs-Appellees, v. The CITY OF ATLANTA, J.E. Hughey, D.A. Lester, R.D. Scandrick, Individually and in their official capacity as police officers for the City of Atlanta, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 13, 1994.

Attorney(s) appearing for the Case

June D. Green, Overtis L. Hicks Brantley, Amy R. Snell, Office of Atlanta City Attys., Atlanta, GA, for appellants.

Martin L. Fierman, Federal Goetz & Cronkwright, K. Christine Harrelson, Atlanta, GA, Roger J. Martinson, Eatonton, GA, for appellees.

Before ANDERSON and CARNES, Circuit Judges, and MERRYDAY, District Judge.

MERRYDAY, District Judge:

On July 24, 1989, about 12:30 in the morning, the City of Atlanta police department dispatched two city police officers, D.A. Lester and R.D. Scandrick. The dispatch responded to a "911 emergency" telephone call from Bell Scandrick ("Ms. Scandrick"), the sister of Jessie Menuel ("the decedent"). (Ms. Scandrick and Officer Scandrick are not related.) Requesting emergency assistance, Ms. Scandrick reported that the decedent was behaving violently...

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