1. Home
  2. Browse Decisions
  3. F.3d
  4. 430 F.3d
  5. 430 F.3d 766 (2005)
 

SMITH v. CUPP

No. 04-5783.

430 F.3d 766 (2005)

Gabrielle SMITH; Elijah Smith, minor children of Glen Smith, by their mother Cheri Janine Smith, widow of Glen Smith; Cheri Janine Smith, widow of Glen Smith, Plaintiffs-Appellees, v. John CUPP, Individually and as Sheriff of Hamilton County, Tennessee, Defendant, Marty Dunn, Individually and as Deputy Sheriff of Hamilton County, Tennessee, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 2, 2005.

Attorney(s) appearing for the Case

ARGUED: W. Jeffrey Hollingsworth, Chambliss, Bahner & Stophel, Chattanooga, Tennessee, for Appellant. Peter B. Murphy, McCarthy & Murphy, Chattanooga, Tennessee, for Appellees. ON BRIEF: W. Jeffrey Hollingsworth, Bret S. Alexander, Chambliss, Bahner & Stophel, Chattanooga, Tennessee, for Appellant. Peter B. Murphy, McCarthy & Murphy, Chattanooga, Tennessee, for Appellees.

Before: MERRITT and ROGERS, Circuit Judges; DUPLANTIER, District Judge.

ROGERS, J., delivered the opinion of the court, in which DUPLANTIER, D.J., joined.

MERRITT, J. (p. 777), delivered a separate opinion concurring except as to Section II.A. on jurisdiction.

OPINION

ROGERS, Circuit Judge.

Deputy Sheriff Marty Dunn appeals the district court's denial of his motion for summary judgment based on the defense of qualified immunity. On April 28, 2002, Dunn shot and killed Glen Smith, an arrestee who had gained control...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases