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HENRY v. PURNELL

No. 08-7433.

619 F.3d 323 (2010)

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

United States Court of Appeals, Fourth Circuit.

Decided: September 24, 2010.

Attorney(s) appearing for the Case

ARGUED: Katherine Louise Bushman , Georgetown University Law Center, Appellate Litigation Program, Washington, D.C., for Appellant. John Francis Breads, Jr. , Hanover, Maryland, for Appellee. ON BRIEF: Steven H. Goldblatt , Director, Charlotte J. Garden , Supervising Attorney, May K. Chiang , Student Counsel, Kate G. Henningsen , Student Counsel, Georgetown University Law Center, Appellate Litigation Program, Washington, D.C., for Appellant.

Affirmed in part, reversed in part, and remanded with instructions by published opinion. Judge AGEE wrote the majority opinion, in which Senior Judge SILER joined. Judge GREGORY wrote a dissenting opinion.

OPINION

AGEE, Circuit Judge:

Robert Purnell, a deputy sheriff in Somerset County, Maryland, attempted to execute a warrant for Frederick Henry's arrest. Henry fled on foot and Deputy Purnell gave chase, mistakenly drawing his firearm, instead of his taser, and shooting Henry in the elbow. As a result of this incident, Henry filed a § 1983 suit against Deputy Purnell in the United States District Court for the District of Maryland, asserting that Purnell...

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