HENSLEY ON BEHALF OF NORTH CAROLINA v. PRICE

No. 16-1294.

876 F.3d 573 (2017)

Teresa Ann HENSLEY, as relator ON BEHALF OF the State of NORTH CAROLINA, and as Administrator of the Estate of David Lee Hensley; H.H., a minor, by and through her parent and next friend; Rachelle Ferguson, Individually, and as relator on behalf of the State of North Carolina, Plaintiffs-Appellees, v. Michael Scott PRICE, Individually and in his Official Capacity as Lieutenant of Haywood County Sheriff's Department; Keith Allen Beasley, Individually and in his Official Capacity as Deputy Sheriff of Haywood County Sheriff's Department; West American Insurance Company, Corporate Surety on the official bond of the Sheriff of Haywood County; The Ohio Casualty Insurance Company, Corporate Surety on the official bond of the Sheriff of Haywood County, Defendants-Appellants, and Bobby R Suttles, Individually and in his Official Capacity as former Sheriff of Haywood County; John Doe, #1; John Doe, #2; Larry Bryson; David Mitchell, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: November 17, 2017.

Amended: November 17, 2017.


Attorney(s) appearing for the Case

Patrick Houghton Flanagan , CRANFILL, SUMNER & HARTZOG, LLP, Charlotte, North Carolina, for Appellants. Russell Lyway McLean, III , McLEAN LAW FIRM, PA, Waynesville, North Carolina, for Appellees.

Affirmed by published opinion. Judge Agee wrote the opinion, in which Judge Duncan joined. Judge Shedd wrote a dissenting opinion.


Deputies Michael Price and Keith Beasley (collectively, the "Deputies") — both employed by the Haywood County, North Carolina, Sheriff's Department — shot and killed David Hensley outside his home on the morning of August 9, 2012. The plaintiffs — Hensley's widow and two daughters — brought suit against...

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