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HENRY v. PURNELL

No. 06-1523.

501 F.3d 374 (2007)

Frederick P. HENRY, Plaintiff-Appellee, v. Robert PURNELL, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: September 20, 2007.

Attorney(s) appearing for the Case

John Francis Breads, Jr., Local Government Insurance Trust, Columbia, Maryland, for Appellant. Eric M. May, Washington, D.C., for Appellee.

Before WILLIAMS, Chief Judge, SHEDD, Circuit Judge, and WIDENER, Senior Circuit Judge.

Affirmed in part, vacated in part, and remanded by published opinion. Judge SHEDD wrote the opinion, in which Chief Judge WILLIAMS joined.

OPINION

SHEDD, Circuit Judge:

While attempting to use a Taser to stop Frederick P. Henry from fleeing arrest, Somerset County (Maryland) Deputy Sheriff Robert Purnell mistakenly drew his firearm, rather than his Taser, from his holster. Not realizing the mistake, Purnell then shot and wounded Henry. Consequently...

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