VANN v. CITY OF SOUTHAVEN, MISSISSIPPI

No. 16-60561.

876 F.3d 133 (2017)

Rogers VANN, as Personal Representative and on Behalf of the Wrongful Death Beneficiaries of Jeremy W. Vann, Plaintiff-Appellant, v. CITY OF SOUTHAVEN, MISSISSIPPI; Lieutenant Jordan Jones, Individually and in His Official Capacity as a Police Officer; Sergeant Brett Yoakum, Individually and in His Official Capacity as a Police Officer; Police Chief Tom Long, Individually and in His Official Capacity as a Police Officer and Chief of Police; Sergeant Jeff Logan, Individually and in His Official Capacity as a Police Officer, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED November 22, 2017.


Attorney(s) appearing for the Case

Daniel Marten Czamanske, Jr. , Chapman, Lewis & Swan, Clarksdale, MS, for Plaintiff-Appellant.

Robert Edwin Hayes, Jr., Esq. , Wayne Douglas Hollowell, III , Hayes Law Firm, P.L.L.C., Southaven, MS, Nicholas H. Manley , Butler Snow, L.L.P., Memphis, TN, for Defendant-Appellee City of Southaven, Mississippi.

Robert Edwin Hayes, Jr., Esq. , Wayne Douglas Hollowell, III , Hayes Law Firm, P.L.L.C., Southaven, MS, for Defendants-Appellees Lieutenant Jordan Jones, Sergeant Brett Yoakum, Police Chief Tom Long, Sergeant Jeff Logan.

Before SMITH, ELROD, and HAYNES, Circuit Judges.


This lawsuit arises from the death of Jeremy W. Vann, who was shot and killed by police in a retail parking lot in Southaven, Mississippi during a small-scale drug sting operation. Because there are genuine issues of material fact that preclude the qualified-immunity determination as to one of the defendants...

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