HINKLE v. CITY OF CLARKSBURG, W.VA.

No. 94-1925.

81 F.3d 416 (1996)

Geunita M. HINKLE, Administratrix of the Estate of Bea Wilson, deceased, as Administratrix, and on her own behalf; Patricia L. Wilson, individually and for John Wilson and Adam Wilson, minor children, who sue by their mother and best friend; Bea Wilson, Jr.; Harold W. Wilson; Mildred J. Wilson; Harold R. Wilson; Gloria J. Norman, Plaintiffs-Appellants, v. The CITY OF CLARKSBURG, WEST VIRGINIA; Dan Boroff, individually and as The City Manager of the City of Clarksburg; City of Clarksburg Police Department; Thomas C. Durrett, individually, and as Chief of Clarksburg Police Department; L.L. Lake, a/k/a Lanny Lake, individually and as a Clarksburg City Police Officer; John Walker, individually and as a Clarksburg Police Officer and Supervisory Officer; Ronald Alonso, individually and as a Clarksburg City Police Officer; Clifford Floyd, individually and as a Clarksburg City Police Officer and Supervisory Officer; Grant Smith, individually and as a Clarksburg City Police Officer; Mark Waggamon, individually and as a Clarksburg City Police Officer; Gary Lowther, individually and as a Clarksburg City Police Officer, Supervisory Officer and Training Officer; Robert Starkey, individually and as a Clarksburg City Police Officer and Training Officer; Larry Robey, individually and as a Clarksburg City Police Officer and Training Officer; Raymond Mazza, individually and as a Clarksburg City Police Officer and Training Officer; Charles Reich, individually and as a Clarksburg City Police Officer and Training Officer; James Watkins, individually and as a Clarksburg City Police Officer and Training Officer; Michael Brown, individually and as a Clarksburg City Police Officer and Police Firearms Instructor; Joseph K. Luzader, individually and as a Clarksburg City Police Officer and Firearms Instructor; John Doe; Richard Roe; Donald Doe; Robert Roe, Police Officers, Police Supervisory Officers, Police Training Officers and Police Firearms Instructors of the City of Clarksburg Police Department, the identity and number of whom is presently unknown to the plaintiffs, individually and in their official capacities; Irvin Sopher, M.D., individually and as The Chief Medical Examiner of The State of West Virginia Office of Medical Examinations; James L. Frost, M.D., individually and as the Deputy Chief Medical Examiner of the State of West Virginia Office of Medical Examinations, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 17, 1996.


Attorney(s) appearing for the Case

ARGUED: Rocco E. Mazzei, Clarksburg, West Virginia, for Appellants. Daniel C. Cooper, Steptoe & Johnson, Clarksburg, West Virginia, for Appellees. ON BRIEF: Amy M. Smith, Timothy R. Miley, Steptoe & Johnson, Clarksburg, West Virginia, for Appellees.

Before WILKINSON, Chief Judge, and RUSSELL and NIEMEYER, Circuit Judges.


Affirmed by published opinion. Judge RUSSELL wrote the opinion, in which Chief Judge WILKINSON and Judge NIEMEYER joined.

OPINION

DONALD S. RUSSELL, Circuit Judge:

Bea Wilson was shot and killed by Clarksburg, West Virginia Police Officer Lake after a ten-minute standoff during which Wilson, who was intoxicated and armed with a shotgun, locked himself in his apartment and threatened to kill anyone who came through the door. Wilson's estate and family...

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