Legal Opinion

Rosa Carter, Administratrix of the Estate of Adrian Miles Carter, Deceased, Cross-Appellee v. City of Chattanooga, Tennessee, Cross-Appellant

Court of Appeals for the Sixth Circuit

Decided June 27, 1988No. 84-5247, 84-5276PublishedCited by 25 opinions

1Opinion of the Court

WELLFORD, Circuit Judge.

I. BACKGROUND

Adrian M. Carter was shot and killed by a Chattanooga police officer, Paul Kyle, on December 21, 1982 as he fled from the scene of a burglary. Carter’s mother as *1121administratrix brought suit against the officer and the City under 42 U.S.C. § 1983, claiming a violation of the Fourteenth Amendment right of due process of law. At the time, there was in effect in Tennessee a so-called “fleeing felon” statute, TCA 40-808 (1975), recodified in 1982 as TCA 40-7-108.1 This law had been in effect in Tennessee for many years, and authorized the use of deadly force as…

2Cases cited67 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Batson v. KentuckySupreme Court of the United States · 1986
  3. Pembaur v. City of CincinnatiSupreme Court of the United States · 1986
  4. Monroe v. PapeSupreme Court of the United States · 1961
  5. Tennessee v. GarnerSupreme Court of the United States · 1985

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3Cited by25 opinions

  1. Cleamtee Garner, Father and Next-Of-Kin of Edward Eugene Garner, a Deceased Minor v. Memphis Police Department City of Memphis, TennesseeCourt of Appeals for the Sixth Circuit · 1993
  2. Jones v. LewisCourt of Appeals for the Sixth Circuit · 1989
  3. Washington v. StarkeCourt of Appeals for the Sixth Circuit · 1988
  4. Hanesworth v. JohnkeWyoming Supreme Court · 1989
  5. Rodriguez v. City of PassaicDistrict Court, D. New Jersey · 1990

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

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