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JOHNSON v. CITY OF MEMPHIS

No. 09-5046.

617 F.3d 864 (2010)

Monica JOHNSON, Plaintiff-Appellant, v. CITY OF MEMPHIS; The City of Memphis Police Division; Kenneth Adams, individually and in his official capacity as an officer of the City of Memphis Police Department; Michael Derrick, as Administrator ad Litem of Melvin Rice, deceased, as said decedent acted in his individual capacity and as police officer of the City of Memphis, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 24, 2010.

Attorney(s) appearing for the Case

ARGUED: Walter Lee Bailey, Jr. , Walter Bailey & Associates, Memphis, Tennessee, for Appellant.

Henry L. Klein, Sr. , Apperson Crump PLC, Memphis, Tennessee, for Appellees.

ON BRIEF: Walter Lee Bailey, Jr. , Walter Bailey & Associates, Memphis, Tennessee, for Appellant.

Henry L. Klein, Sr. , Apperson Crump PLC, Memphis, Tennessee, for Appellees.

Before: BATCHELDER, Chief Judge; SUTTON, Circuit Judge; WISEMAN, District Judge.

OPINION

ALICE M. BATCHELDER, Chief Judge.

Plaintiff-Appellant Monica Johnson ("Plaintiff"), widow of decedent Xavier Johnson ("Johnson"), appeals the district court's grant of summary judgment to Defendant-Appellee City of Memphis ("City") in her 42 U.S.C. § 1983 action arising out of a home entry by Memphis police officers that Johnson claims was in violation of the Fourth Amendment. Plaintiff also appeals the district court's denial of her motion...

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