Cunningham Ex Rel. Mason v. Ellington

OPINION AND ORDER

BAILEY BROWN, Chief Judge.

Plaintiffs allege that they are the beneficiaries of the death action resulting from the death of James Ivey, who, plaintiffs allege, was shot and killed by defendants Arnold and Rooker, officers of the Memphis Police Department, while the officers were investigating a burglary attempt and' while he was fleeing from an arrest by those officers. Plaintiffs bring this death action only under 42 U.S.C.A. § 1983; diversity jurisdiction is not alleged. They seek money damages from the officers, from defendant Lux, who was and is Chief of Police, defendant…