THOMAS v. CITY OF CHATTANOOGA

No. 03-6308.

398 F.3d 426 (2005)

John Eric THOMAS, and wife, Heather Thomas, Plaintiffs-Appellants, v. CITY OF CHATTANOOGA, Tennessee, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 9, 2005.


Attorney(s) appearing for the Case

ARGUED: Robert J. Shockey, Nashville, Tennessee, for Appellants. Phillip A. Noblett, Office of the City Attorney, Chattanooga, Tennessee, for Appellee. ON BRIEF: Phillip A. Noblett, Michael A. McMahan, Jennifer T. Flowers, Office of the City Attorney, Chattanooga, Tennessee, for Appellee.

Before: COLE and ROGERS, Circuit Judges; COHN, District Judge.


OPINION

COLE, Circuit Judge.

Plaintiffs-Appellants, Eric and Heather Thomas, bring this appeal following the district court's grant of summary judgment in favor of the City of Chattanooga's Police Department in a municipal liability action under 42 U.S.C. § 1983. The appellants claim that the Chattanooga Police Department had a policy, custom, or practice of condoning the use of excessive force against...

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