Coffey v. Johnson

Opinion

TERRY McCALL, Justice.

In 1998, William Euell Poyner was killed in an armed encounter with law enforcement officers. Elnor Maxine Poyner (Poy-ner), as independent executrix, filed suit alleging violations of civil rights pursuant to 42 U.S.C. § 1983 for the alleged use of excessive force against her husband in violation of the Fourth and Fourteenth Amendments to the United States Constitution. As the surviving spouse, Poyner also included claims under the Wrongful Death Act, TEX. CIV. PRAC. & REM. CODE ANN. § 71.001 et seq. (Vernon 1997 & Supp.2004).

The original defendants, Eastland…