Legal Opinion
Robert Leon Jenkins, a Minor, by His Mother and Next Friend, Roberta B. Jenkins v. F. W. Averett
Court of Appeals for the Fourth Circuit
Decided April 20, 1970No. 13627PublishedCited by 190 opinions
1Opinion of the Court
SOBELOFF, Circuit Judge:
The subject matter of this appeal is an occurrence in Asheville, North Carolina, on August 5, 1967. On that night, appellant, Robert Jenkins, an 18-year-old black youth, was shot by F. W. Averett, appellee, a white Asheville police officer. Jenkins had committed no crime nor was he ever charged with one. Subsequently, he sued Averett in the United States District Court to recover damages for violation of his constitutional rights under 42 U.S.C. § 1983 and for assault and battery under a pendent claim based upon the law of North Carolina. The District Court rejected…
2Cases cited21 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Mapp v. OhioSupreme Court of the United States · 1961
- Monroe v. PapeSupreme Court of the United States · 1961
- Pierson v. RaySupreme Court of the United States · 1967
- Screws v. United StatesSupreme Court of the United States · 1945
16 more not listed; retrieve them via the Exa API.
3Cited by190 opinions
- Johnson v. GlickCourt of Appeals for the Second Circuit · 1973
- Henry v. PurnellCourt of Appeals for the Fourth Circuit · 2011
- Donald L. Hays, Jr., and Michael C. Potter, Cross-Appellants v. Jefferson County, Kentucky, Wilbur Bilyeu and Russell McDaniel Cross-AppelleesCourt of Appeals for the Sixth Circuit · 1982
- Martin v. GentileCourt of Appeals for the Fourth Circuit · 1988
- Charles v. Shillingford v. Van E. Holmes, Etc.Court of Appeals for the Fifth Circuit · 1981
185 more not listed; retrieve them via the Exa API.