Legal Opinion

Penley v. Eslinger

Court of Appeals for the Eleventh Circuit

Decided May 3, 2010No. 09-13092PublishedCited by 147 opinions

1Opinion of the Court

MARTIN, Circuit Judge:

Christopher David Penley, a fifteen-year-old boy, modified a plastic air pistol to look like a real weapon and brought it to school. School officials called the police and, during the ensuing standoff, Lieutenant Michael W. Weippert fired a single shot, striking Mr. Penley in the head. The wound proved fatal. Ralph J. Penley and Donna Penley, acting as personal representatives of their son’s estate, filed suit, seeking relief under both federal and state law. They alleged that under the circumstances lethal force was unnecessary and excessive, and, therefore, that…

2Cases cited25 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  4. Graham v. ConnorSupreme Court of the United States · 1989
  5. Pearson v. CallahanSupreme Court of the United States · 2009

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3Cited by147 opinions

  1. Salvato Ex Rel. Estate of Salvato v. MileyCourt of Appeals for the Eleventh Circuit · 2015
  2. Jean-Baptiste v. GutierrezCourt of Appeals for the Eleventh Circuit · 2010
  3. Edward Shaw v. City of SelmaCourt of Appeals for the Eleventh Circuit · 2018
  4. Alex Wayne Morton v. Jeremy KirkwoodCourt of Appeals for the Eleventh Circuit · 2013
  5. Stephen G. Loftus v. Ester Clark-MooreCourt of Appeals for the Eleventh Circuit · 2012

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