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MOORE v. CITY OF MEMPHIS

No. 16-5552.

853 F.3d 866 (2017)

Ronald MOORE; Gina Waldrop; Donald Moore, Jr., Plaintiffs-Appellants, v. CITY OF MEMPHIS; Phillip Penny, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 10, 2017.

Attorney(s) appearing for the Case

ARGUED: Jeffrey S. Rosenblum , ROSENBLUM & REISMAN, P.C., Memphis, Tennessee, for Appellants. Richard J. Myers , GLANKLER BROWN, PLLC, Memphis, Tennessee, for Appellee City of Memphis. Betsy McKinney , GODWIN, MORRIS, LAURENZI & BLOOMFIELD, P.C., Memphis, Tennessee, for Appellee Penny. ON BRIEF: Jeffrey S. Rosenblum , Marc E. Reisman , ROSENBLUM & REISMAN, P.C., Memphis, Tennessee, Howard B. Manis , MANIS LAW FIRM, Memphis, Tennessee, for Appellants. Richard J. Myers , GLANKLER BROWN, PLLC, Memphis, Tennessee, Henry L. Klein , APPERSON CRUMP PLC, Memphis, Tennessee, for Appellee City of Memphis. Betsy McKinney , Deborah Godwin , GODWIN, MORRIS, LAURENZI & BLOOMFIELD, P.C., Memphis, Tennessee, for Appellee Penny.

KETHLEDGE, J., delivered the opinion of the court in which BATCHELDER and SUTTON, JJ., joined. BATCHELDER, J. (pg. 872), delivered a separate concurring opinion.

OPINION

Phillip Penny, a Memphis police officer, fatally shot Donald Moore, Sr., after Moore pointed a gun at him during the execution of a search warrant at Moore's home. Moore's children sued Penny and the City of Memphis under 42 U.S.C. § 1983, alleging constitutional violations that they say resulted...

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