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ESTATE OF JONES BY JONES v. CITY OF MARTINSBURG

No. 18-2142.

961 F.3d 661 (2020)

ESTATE OF Wayne A. JONES BY Robert L. JONES and Bruce A. Jones, Administrators of the Estate of Wayne A. Jones, Plaintiff-Appellant, v. The CITY OF MARTINSBURG, WEST VIRGINIA; Pfc. Erik Herb; Pfc. Daniel North; Ptlm. William Staubs; Ptlm. Paul Lehman; Pfc. Eric Neely, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 9, 2020.

Amended: June 10, 2020.

Attorney(s) appearing for the Case

Christopher E. Brown , THE BROWN FIRM PLLC, Alexandria, Virginia, for Appellant. Philip W. Savrin , FREEMAN MATHIS & GARY, LLP, Atlanta, Georgia, for Appellees.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Floyd wrote the opinion in which Chief Judge Gregory and Judge Thacker joined.

In 2013, Wayne Jones, a black man experiencing homelessness, was stopped by law enforcement in Martinsburg, West Virginia for walking alongside, rather than on, the sidewalk. By the end of this encounter, Jones would be dead. Armed only with a knife tucked into his sleeve, he was tased four times, hit in the brachial plexus...

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