COTTRELL v. CALDWELL

No. 94-6845.

85 F.3d 1480 (1996)

Jack COTTRELL, Reverend, as Administrator of the Estate of Leroy Bush Wilson, Plaintiff-Appellee, v. Cynthia D. CALDWELL, individually and in her official capacity as a City of Montgomery Police Officer; S.E. Wilson, Corporal, individually and in his official capacity as a City of Montgomery Police Officer; Eugene S. Kemplin, individually and in his official capacity as a City of Montgomery Police Officer; Spencer T. Henderson, II, individually and in his official capacity as a City of Montgomery Police Officer, Defendants-Appellants, The City of Montgomery, a municipal corporation; the Chief of Police, City of Montgomery, in his official capacity, Defendants.

United States Court of Appeals, Eleventh Circuit.

June 3, 1996.


Attorney(s) appearing for the Case

Thomas C. Tankersley, City of Montgomery, Legal Department, Montgomery, AL, George B. Azar, Azar & Azar, Montgomery, AL, for appellants.

David Gespass, Gespass & Izzi, Birmingham, AL, for appellee.

Before TJOFLAT, Chief Judge, and CARNES, Circuit Judge.


CARNES, Circuit Judge:

This case arises out of the death of Leroy Bush Wilson from positional asphyxia as he was being transported in the back of a police car after his arrest. Reverend Jack Cottrell, the administrator of the decedent's estate, filed suit under 42 U.S.C. § 1983 alleging that four police officers who arrested or transported Wilson, the police department, and the City of Montgomery had violated his constitutional...

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