GRAY-HOPKINS v. PRINCE GEORGE'S COUNTY

No. 01-2312.

309 F.3d 224 (2002)

Marion GRAY-HOPKINS, in her individual capacity, as mother, Personal Representative and next friend of Gary Hopkins, Deceased, Plaintiff-Appellee, v. PRINCE GEORGE'S COUNTY, MARYLAND; Brian C. Catlett, A Police Officer of Prince George's County, Maryland, Defendants-Appellants, and Prince George's County Police Department; John Doe, A Police Officer of Prince George's County, Maryland and Supervisor of Brian Catlett; Devin C. White, A Police Officer of Prince George's County, Maryland; James Skyrm, A Police Officer of Prince George's County, Maryland and Supervisor, Defendants. John S. Farrell, Movant.

United States Court of Appeals, Fourth Circuit.

Decided October 30, 2002.


Attorney(s) appearing for the Case

ARGUED: Crystal Renee Mittelstaedt, County Attorney's Office, Upper Marlboro, Maryland, for Appellants.

Walter L. Blair, College Park, Maryland; C. William Michaels, Baltimore, Maryland, for Appellee.

ON BRIEF: Sean D. Wallace, County Attorney, John A. Bielec, Deputy County Attorney, Upper Marlboro, Maryland, for Appellants. Johnnie L. Cochran, Jr., The Cochran Firm, New York, New York, for Appellee.

Before MOTZ, Circuit Judge, STAPLETON, Senior Circuit Judge of the United States Court of Appeals for the Third Circuit, sitting by designation, and BROADWATER, United States District Judge for the Northern District of West Virginia, sitting by designation.


Reversed and remanded by published opinion. Senior Judge STAPLETON wrote the opinion, in which Judge MOTZ and Judge BROADWATER joined.

OPINION

STAPLETON, Senior Circuit Judge.

This civil rights action arises from an incident in which a Prince George's County police officer killed the son of plaintiff/appellee, Marion Gray-Hopkins. The officer, Brian Catlett, appeals from the District Court's denial of his motion for summary judgment based on a claim...

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