Legal Opinion

Howerton v. Fletcher

Court of Appeals for the Fourth Circuit

Decided May 12, 2000No. 98-2795PublishedCited by 54 opinions

1Opinion of the Court

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILKINS and Senior Judge MICHAEL joined.

OPINION

LUTTIG, Circuit Judge:

A jury returned a verdict against plaintiff-appellant Brenda Howerton in her suit under 42 U.S.C. § 1983 against two members of the City of Greensboro police department, in which she alleged that the use of excessive force by the police officers caused her son’s death. Howerton now challenges the district court’s instruction that, in deciding whether the force used against her son was “excessive,” the jury was not to consider the risk posed to…

2Cases cited12 opinions

  1. Graham v. ConnorSupreme Court of the United States · 1989
  2. Whitley v. AlbersSupreme Court of the United States · 1986
  3. County of Sacramento v. LewisSupreme Court of the United States · 1998
  4. Rakas v. IllinoisSupreme Court of the United States · 1979
  5. Tennessee v. GarnerSupreme Court of the United States · 1985

7 more not listed; retrieve them via the Exa API.

3Cited by54 opinions

  1. Brockington v. BoykinsCourt of Appeals for the Fourth Circuit · 2011
  2. Altman v. City of High PointCourt of Appeals for the Fourth Circuit · 2003
  3. Jonathan Turmon v. Charles Jordan, Individually, and Red Roof Inns, IncorporatedCourt of Appeals for the Fourth Circuit · 2005
  4. Oliver v. BaityDistrict Court, M.D. North Carolina · 2016
  5. Swann v. City of RichmondDistrict Court, E.D. Virginia · 2007

49 more not listed; retrieve them via the Exa API.

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