DAVENPORT v. CAUSEY

Nos. 07-5168, 07-5215.

521 F.3d 544 (2008)

Austin DAVENPORT; Kendra Davenport, Individually and as Co-Executors of the Estate of Ben Davenport, deceased, Plaintiffs-Appellees, v. Sam CAUSEY, Individually and in his official capacity as a police officer for the City of Crossville, Tennessee (07-5168); City of Crossville, Tennessee (07-5215), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 4, 2008.


Attorney(s) appearing for the Case

ARGUED: Robert H. Watson, Jr., Watson, Roach, Batson, Rowell & Lauderback, Knoxville, Tennessee, Daniel H. Rader, III, Moore, Rader, Clift and Fitzpatrick, P.C., Cookeville, Tennessee, for Appellants. Amy V. Hollars, Livingston, Tennessee, for Appellees. ON BRIEF: Robert H. Watson, Jr., Watson, Roach, Batson, Rowell & Lauderback, Knoxville, Tennessee, Daniel H. Rader, III, Moore, Rader, Clift and Fitzpatrick, P.C., Cookeville, Tennessee, for Appellants. Amy V. Hollars, Livingston, Tennessee, Jon E. Jones, Law Office of Jon E. Jones, Cookeville, Tennessee, for Appellees.

Before: BOGGS, Chief Judge; KENNEDY, Circuit Judge; JORDAN, District Judge.


OPINION

KENNEDY, Circuit Judge.

Officer Samuel E. Causey and the City of Crossville, Tennessee ("defendants") appeal the decision of the district court denying them qualified immunity and therefore denying them summary judgment. Mr. Ben Davenport, the father of Austin and Kendra Davenport ("plaintiffs"), was shot by Officer Causey during an attempted arrest following a routine traffic stop. Plaintiffs sued,1 claiming that Officer...

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