McKinney ex rel. McKinney v. DeKalb County

997 F.2d 1440
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 17, 1993
DocketNo. 92-8324
StatusPublished
Cited by3 cases

This text of 997 F.2d 1440 (McKinney ex rel. McKinney v. DeKalb County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McKinney ex rel. McKinney v. DeKalb County, 997 F.2d 1440 (11th Cir. 1993).

Opinion

RONEY, Senior Circuit Judge:

Plaintiffs Bessie McKinney and her son Abdul brought this action after a DeKalb County police officer shot and wounded Abdul. Plaintiffs asserted Fourteenth Amendment due process and Fourth Amendment unreasonable seizure claims under 42 U.S.C. § 1983, as well as state constitutional and tort claims, against DeKalb County, the county police officer who fired the shots, the county police sergeant who was present at the shooting, the county’s Director of Public Safety, and its Chief of Police. The latter four defendants were sued in both their indi[1442]*1442vidual and official capacities. All defendants moved for summary judgment, asserting governmental and qualified immunity regarding plaintiffs’ § 1983 claims, and sovereign and official immunity regarding plaintiffs’ state law claims. The district court denied defendants’ motion for summary judgment, and defendants appealed.

We affirm the denial of summary judgment as to the claim in his individual capacity against the county police officer who fired the shots. We reverse the denial of summary judgment to the sergeant, the Director of Public Safety, and the Chief of Police in their individual capacities. We dismiss the appeals of the DeKalb County defendants in their official capacities for lack of jurisdiction.

On March 23, 1990, DeKalb County Police Officer S.C. Nelsen,

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Related

Clem v. Corbeau
284 F.3d 543 (Fourth Circuit, 2002)
Mckinney v. Dekalb County
997 F.2d 1440 (Eleventh Circuit, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
997 F.2d 1440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckinney-ex-rel-mckinney-v-dekalb-county-ca11-1993.