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WEAVER v. SHADOAN

No. 01-5656.

340 F.3d 398 (2003)

Dianna Ferguson WEAVER, individually and as Administratrix of the Estate of Stephen Lamont Weaver, Plaintiff-Appellee, v. Warren SHADOAN and Victor Owen, in their individual and official capacities as officers of the City of Oliver Springs, Tennessee Police Department, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 13, 2003.

Petition for Rehearing Denied: November 25, 2003.

Attorney(s) appearing for the Case

ARGUED: John C. Duffy, WATSON, HOLLOW & REEVES, Knoxville, Tennessee, for Appellants.

Herbert S. Moncier, LAW OFFICES OF HERBERT S. MONCIER, Knoxville, Tennessee, for Appellee.

ON BRIEF: John C. Duffy, WATSON, HOLLOW & REEVES, Knoxville, Tennessee, for Appellants.

Herbert S. Moncier, Ursula Bailey, LAW OFFICES OF HERBERT S. MONCIER, Knoxville, Tennessee, for Appellee.

Before: SILER and DAUGHTREY, Circuit Judges; ALDRICH, District Judge.

Petition for Rehearing Denied En Banc: November 25, 2003.

Pursuant to Sixth Circuit Rule 206

SILER, J., delivered the opinion of the court, in which ALDRICH, D.J., joined. DAUGHTREY, J. (pp. 413-415), delivered a separate opinion concurring in part and dissenting in part.

OPINION

SILER, Circuit Judge.

Defendants, Officers Warren Shadoan and Victor Owen (collectively, the "Officers"), appeal the district court's denial of their motion...

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