HENRY v. PURNELL

No. 08-7433.

652 F.3d 524 (2011)

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

United States Court of Appeals, Fourth Circuit.

Decided: July 14, 2011.


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.

Reversed and remanded by published opinion. Judge GREGORY wrote the opinion, in which Chief Judge TRAXLER and Judges WILKINSON, KING, DUNCAN, DAVIS, KEENAN, WYNN, and DIAZ joined. Judge DAVIS wrote a concurring opinion. Judge SHEDD wrote a dissenting opinion, in which Judges NIEMEYER and AGEE joined. Judge NIEMEYER wrote a separate dissenting opinion.


OPINION

GREGORY, Circuit Judge:

Without warning, Officer Robert Purnell shot Frederick Henry, an unarmed man wanted for misdemeanor failure to pay child support, when he started running away. In the ensuing § 1983 action, the parties stipulated that Purnell had intended to use his Taser rather than his gun and the district court granted him summary judgment. However, because Tennessee v. Garner prohibits shooting suspects who pose no significant...

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