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BUCKNER v. KILGORE

No. 93-5833.

36 F.3d 536 (1994)

N.L. BUCKNER, Sr., Individually and as next friend of N.L. Buckner, Jr., a minor; and Murphy Roland Silver, Jr., Individually and as administrator of the estate of George D. Silver, deceased, Plaintiffs-Appellees, v. Stewart C. KILGORE, II, Defendant-Appellant, The City of Greeneville, Tennessee, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided October 3, 1994.

Rehearing and Suggestion for Rehearing Denied November 21, 1994.

Attorney(s) appearing for the Case

W. Gary Blackburn (argued and briefed), Blackburn & Slobey, Nashville, TN, Ben W. Hooper, III, Campbell & Hooper, Newport, TN, Laura T. Kidwell (briefed), Moore, Stout, Waddell & Ledford, Kingsport, TN, William O. Shults, Washington, DC, for N.L. Buckner, Sr., N.L. Buckner, Jr.

J. Patrick Ledford (argued and briefed), Laura T. Kidwell, Moore, Stout, Waddell & Ledford, Kingsport, TN, for Murphy Roland Silver, Jr.

Robert H. Watson, Jr. (briefed), Earl J. Melson (argued and briefed), Watson, Hollow & Reeves, Knoxville, TN, Rebecca L. Ottinger, Greeneville, TN, for Stewart C. Kilgore, II.

Before: JONES and BATCHELDER, Circuit Judges; and HOOD, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied November 21, 1994.

HOOD, District Judge.

The defendant-appellant, Stewart Kilgore, II [Kilgore], an officer of the Greeneville, Tennessee Police Department appeals the district court's denial of his motion for summary judgment based on the defense of qualified immunity in this action brought pursuant to 42 U.S.C. § 1983. For the following reasons, we affirm.

I.

This § 1983 suit...

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