Kevin McKenna and Barbara McKenna v. City of Memphis and William Sarden

This is an action under 42 U.S.C. § 1983 in which the plaintiffs allege that their due process rights guaranteed by the Fourteenth Amendment were violated by the defendants. Kevin McKenna was a Memphis police officer. While pursuing a fleeing suspect on foot McKenna was shot by a fellow Memphis police officer, the defendant Sarden, who was also chasing the suspect.

McKenna charged in his complaint that Sarden “recklessly fired his revolver under circumstances not warrantying [sic] the use of deadly force.” This was so, according to McKenna, because the only offenses known to have been…