ESTATE OF DAVIS v. CITY OF NORTH RICHLAND HILLS

No. 04-10036.

406 F.3d 375 (2005)

ESTATE OF Troy DAVIS, By and through its Successor Administrator, R. Dyann McCULLY and Lisa Jean Davis, Individually; et al., Plaintiffs, Estate of Troy Davis, By and through its Successor Administrator, R. Dyann McCully and Lisa Jean Davis; Barbara Jean Davis, Plaintiffs-Appellees, v. CITY OF NORTH RICHLAND HILLS; et al., Defendants, Tom Shockley, Chief of Police, Individually and in his official capacity; J.A. Wallace, Officer, Individually and in his official capacity, Defendants-Appellants. Barbara Jean Davis, Plaintiff-Appellee, v. City of North Richmond Hills; et al., Defendants, Tom Shockley, Chief of Police, Individually and in his official capacity; J.A. Wallace, Officer, Individually and in his official capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 11, 2005.


Attorney(s) appearing for the Case

Jeffrey H. Kobs (argued), Mark A. Haney, Kobs & Haney, Fort Worth, TX, for Plaintiffs-Appellees.

George A. Staples, Jr. (argued), April Marie Virnig, Taylor, Olson, Adkins, Sralla & Elam, Fort Worth, TX, for Defendants-Appellants.

Before KING, Chief Judge, and HIGGINBOTHAM and DAVIS, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is an appeal from a denial of summary judgment to supervisory law enforcement officials in a suit brought under 42 U.S.C. § 1983. The district court denied the request for summary judgment premised on qualified immunity, finding genuine issues of material fact regarding supervisory liability and the objective reasonableness of the supervisors' actions. Persuaded that the record cannot support a conclusion that supervisory...

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