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CLAYBROOK v. BIRCHWELL

No. 01-5073.

274 F.3d 1098 (2001)

Royal E. CLAYBROOK, Jr., Gwannette Claybrook, and Petrece Claybrook, Co-Administrators of the Estate of Royal Claybrook, Sr., Plaintiffs-Appellees, v. Jesse BIRCHWELL, Steve Lewis, and Ken Spencer, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed December 21, 2001.

Attorney(s) appearing for the Case

E.E. Edwards, III (argued and briefed), Edwards, Simmons & Oliver, Nashville, TN, for Plaintiffs-Appellees.

Francis H. Young (argued and briefed), Metropolitan Department of Law, Nashville, TN, for Defendants-Appellants.

Before: DAUGHTREY, GILMAN, and GIBSON, Circuit Judges.

OPINION

DAUGHTREY, Circuit Judge.

The defendants, who are officers of the Metropolitan Nashville Police Department, appeal the district court's denial of summary judgment in their favor on the ground of qualified immunity in this action brought by the estate of Royal Claybrook, Sr. The plaintiffs claim that the defendants used excessive force when they shot and killed Claybrook late one night outside the F &...

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