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McCLENDON v. CITY OF COLUMBIA

No. 00-60256.

258 F.3d 432 (2001)

Peter Clayton McCLENDON, Plaintiff-Appellant, v. CITY OF COLUMBIA; et al., Defendants, City of Columbia; James R. Carney, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 26, 2001.

Attorney(s) appearing for the Case

Kathryn Neal Nester (argued), Jackson, MS, for Plaintiff-Appellant.

Thomas D. McNeese, Lawrence Elder Hahn (argued), McNeese & Hahn, Columbia, MS, for City of Columbia.

Sandra Schuffert Mohler (argued), Jon Mark Weathers, Bryan, Nelson, Randolph & Weathers, Hattiesburg, MS, for Carney.

Before POLITZ, DeMOSS and STEWART, Circuit Judges.

POLITZ, Circuit Judge:

Peter McClendon appeals an adverse grant of summary judgment dismissing his claims against the City of Columbia and Officer James Carney. For the reasons assigned, we affirm in part and reverse in part.

BACKGROUND

On July 12, 1993 Kevin Loftin shot Peter McClendon with a gun he received from Officer Carney of the Columbia, Mississippi Police Department. Carney alleges that the gun which was "loaned" to Loftin had been seized...

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