RILEY v. NEWTON

No. 95-8873.

94 F.3d 632 (1996)

Fanny M. RILEY, as Administratrix of the Estate of Ralph E. Lowe, deceased; Fanny M. Riley, as next friend for the children of the deceased, Ralph E. Lowe, as the next of kin under the laws of the State of Georgia, Plaintiffs-Appellants-Cross-Appellees, v. Patrick NEWTON, individually and in his official capacity as a de facto officer with the Richmond County Sheriff's Department, and in his official capacity as a de facto officer with the U.S. Military Drug Suppression Team, Defendant-Appellee, Department of the Army, Defendant, Richmond County, Georgia; Charles Webster, individually and in his official capacity as the Sheriff of Richmond County, Georgia, Defendants-Appellees-Cross-Appellants, Kenneth J. Glisson, individually and in his official capacity as an officer with the Richmond County Sheriff's Department, Defendant-Appellee, Dave Padron; Tim Padron; Steve Green; United States of America, Defendants.

United States Court of Appeals, Eleventh Circuit.

September 11, 1996.


Attorney(s) appearing for the Case

John P. Batson, Augusta, GA, for appellants.

James W. Ellison, Lori S. D'Alessio, Burnside, Wall, Daniel, Ellison & Revell, Augusta, GA, for appellee.

Before KRAVITCH and BIRCH, Circuit Judges, and SCHWARZER, District Judge.


SCHWARZER, Senior District Judge:

Ralph Lowe was accidentally shot and killed while being arrested by Patrick Newton, a military policeman, who was accompanying Richmond County Inspector Kenneth Glisson on patrol. Lowe's estate and his surviving children allege claims under 42 U.S.C. § 1983 (1988) against Glisson, Richmond County Sheriff Charles Webster, and the County. Claims against the United States and other participants in the events that led to Lowe's death...

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