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WOOLFOLK v. SMITH

No. 95-3014.

81 F.3d 741 (1996)

Marie WOOLFOLK, Administratrix of the Estate of Eric Rahmal Woolfolk; Leroy and Marie Woolfolk, Plaintiffs-Appellees, v. Darren SMITH; City of Pine Bluff, Arkansas, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 12, 1996.

Attorney(s) appearing for the Case

Jeannette Denham, North Little Rock, Arkansas (Mark R. Hayes, on the brief), for appellant.

John Wesley Hall, Jr., Little Rock, Arkansas, for appellee.

Before LOKEN, BRIGHT, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

Darren Smith, a newly-hired, off-duty, out-of-uniform police officer, chased suspect Eric Woolfolk on foot to make an arrest, cornered Woolfolk in a narrow carport where the two struggled, and shot and killed Woolfolk when he began hitting Smith in the head with a plastic trash can lid. Woolfolk's parents then commenced this § 1983 action, asserting a Fourth Amendment excessive force claim against Smith and a failure-to-train claim against Smith's...

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