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ELKINS v. McKENZIE

Nos. 2002-IA-00845-SCT, 2002-CA-00853-SCT.

865 So.2d 1065 (2003)

Greg ELKINS v. Modener McKENZIE, Wife and Next Friend of Eddie McKenzie, Deceased. Modener McKenzie, Wife and Next Friend of Eddie McKenzie, Deceased v. City of Columbia, Mississippi, Jerry Howie, and Officer Pearlie Hendricks.

Supreme Court of Mississippi.

Rehearing Denied February 26, 2004.

Attorney(s) appearing for the Case

Lawrence Elder Hahn, Thomas D. McNeese, William C. Callender, Columbia, attorneys for appellant in No. 2002-IA-00845-SCT and appellees in No. 2002-CA-00853-SCT.

David Glen Galyon, John M. Colette, Jackson, attorneys for appellee in No. 2002-IA-00845-SCT and appellant in No. 2002-CA-00853-SCT.

EN BANC

EASLEY, Justice, for the Court.

STATEMENT OF THE CASE

¶ 1. This civil rights and tort case arises from the April 15, 1997, death of Eddie McKenzie (Eddie) who was shot by Gregory Elkins (Elkins), a City of Columbia police officer. Modener McKenzie (Modener), the wife of Eddie, filed suit on July 14, 1998, against the City of Columbia, Mississippi (the City), police chief Jerry Howie (Howie), and two officers, Elkins and Pearlie Mae Hendricks (Hendricks...

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