Legal Opinion
Matthew Milstead, Administrator of the Estate of Mark Milstead v. Chad Kibler Scott Proctor Lester Whetzel
Court of Appeals for the Fourth Circuit
Decided April 5, 2001No. 00-1539PublishedCited by 65 opinions
1Opinion of the Court
Affirmed by published opinion, Judge NIEMEYER wrote the opinion, in which Chief Judge WILKINSON and Judge HOWARD joined.
OPINION
NIEMEYER, Circuit Judge:
The Administrator of the Estate of Mark Milstead brought this action under 42 U.S.C. § 1983, alleging that three police officers used excessive force in violation of the Fourth and Fourteenth Amendments when one of the officers accidentally shot Milstead, mistaking him for an assailant who had just shot Milstead and his fiancee. The district court granted the officers’ motion for summary judgment, relying on qualified immunity. Finding no…
2Cases cited19 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Graham v. ConnorSupreme Court of the United States · 1989
- Anderson v. CreightonSupreme Court of the United States · 1987
- Bell v. WolfishSupreme Court of the United States · 1979
- County of Sacramento v. LewisSupreme Court of the United States · 1998
14 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Plumhoff v. RickardSupreme Court of the United States · 2014
- Trulock v. FreehCourt of Appeals for the Fourth Circuit · 2001
- Henry v. PurnellCourt of Appeals for the Fourth Circuit · 2011
- Brown v. GilmoreCourt of Appeals for the Fourth Circuit · 2002
- Henry v. PurnellCourt of Appeals for the Fourth Circuit · 2007
60 more not listed; retrieve them via the Exa API.