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FIGG v. SCHROEDER

Nos. 01-2331, 01-2332, 01-2443.

312 F.3d 625 (2002)

Gayle W. FIGG, personally and as personal representative of the estate of Thomas Allen Figg, deceased; Robert L. Figg, III; John Stuart Figg; Martha Figg Williams; Wayne Attanasio, Plaintiffs-Appellees, v. John A. SCHROEDER, Sergeant; Michael J. Anthony, Sergeant, Defendants-Appellants, and Thomas C. Land, Individually and in his official capacity as Sheriff's Deputy; John Does, 1-10, consisting of several unidentified Hanover County Sheriff's Deputies, individually and in their official capacities as Sheriff's Deputies; Winston R. Robertson; Douglas R. Hines; V. Stuart Cook, Individually and as Sheriff, Hanover County, Defendants. Gayle W. Figg, personally and as personal representative of the estate of Thomas Allen Figg, deceased; Robert L. Figg, III; John Stuart Figg; Martha Figg Williams; Wayne Attanasio, Plaintiffs-Appellees, v. John A. Schroeder, Sergeant; Michael J. Anthony, Sergeant, Defendants-Appellants, and Thomas C. Land, Individually and in his official capacity as Sheriff's Deputy; John Does, 1-10, consisting of several unidentified Hanover County Sheriff's Deputies, individually and in their official capacities as Sheriff's Deputies; Winston R. Robertson; Douglas R. Hines; V. Stuart Cook, Individually and as Sheriff, Hanover County, Defendants. Gayle W. Figg, personally and as personal representative of the estate of Thomas Allen Figg, deceased; Robert L. Figg, III; John Stuart Figg; Martha Figg Williams; Wayne Attanasio, Plaintiffs-Appellants, v. John A. Schroeder, Sergeant; Michael J. Anthony, Sergeant; Thomas C. Land, Individually and in his official capacity as Sheriff's Deputy; John Does, 1-10, consisting of several unidentified Hanover County Sheriff's Deputies, individually and in their official capacities as Sheriff's Deputies; Winston R. Robertson; Douglas R. Hines; V. Stuart Cook, Individually and as Sheriff, Hanover County, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 3, 2002.

Attorney(s) appearing for the Case

ARGUED: Robert A. Dybing, Shuford, Rubin & Gibney, Richmond, Virginia, for Appellants. James Mason Loots, Goldstein Loots, P.C., Washington, D.C., for Appellees. ON BRIEF: John A. Gibney, Jr., Shuford, Rubin & Gibney, Richmond, Virginia; Yvonne S. Wellford, Office of the County Attorney, Hanover, Virginia, for Appellants.

Before WILLIAMS, MOTZ, and KING, Circuit Judges.

Affirmed in part, reversed in part, vacated in part, and remanded by published opinion. Judge KING wrote the opinion, in which Judge WILLIAMS and Judge MOTZ joined.

OPINION

KING, Circuit Judge:

This appeal stems from a series of events surrounding the shooting death of Thomas Figg on January 7, 2000, in Hanover County, Virginia. Shortly before midnight on that evening, Deputy Sheriff Thomas C. Land pursued a pickup truck on suspicion of drunken driving...

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