Herman vs. City of Shannon MS, (5th Cir. 2004)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit FILED July 15, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 04-60027 Summary Calendar DANA M. HERMAN, Plaintiff-Appellant, versus CITY OF SHANNON, MISSISSIPPI; TOMMY EDWARDS, Individually and in His Official Capacity as an Officer with the City of Shannon Police Department; TERRY WESTBROOK, Individually and in His Official Capacity as an Officer with the City of Shannon Police Department, Defendants-Appellees. Appeal from the United States District Court for the Northern District of Mississippi USDC No. 1:02-CV-309-M Before HIGGINBOTHAM, DAVIS and Prado, Circuit Judges.
PER CURIAM: * Dana M. Herman appeals the district courtÂ’s order granting summary judgment in favor of the City of Shannon, Mississippi, and Police Officers Tommy Edwards and Terry Westbrook. Herman argues that neither she nor Amos McCoy did anything to justify the use of deadly force as Officer Edwards was not injured by McCoy and the only violations committed by McCoy were misdemeanors. A review of the record indicates that the district court did not err in determining that the actions of Officers Edwards and Westbrook were objectively reasonable under the circumstances as McCoy posed a threat of serious physical harm to the officers by driving his truck toward them at a high rate of speed when they were standing only a few feet away from the truck. See Graham v. Connor , 490 U.S. 386, 395 (1989); Fraire v. City of Arlington , 957 F.2d 1268, 1276 (5th Cir. 1992).
Herman argues that the district court erred in granting a summary judgment in favor of the City of Shannon on her claim that the City failed to train its officers and lacked a custom or policy to insure that its officers avoided the use of unnecessary deadly force. Because Herman has not demonstrated a constitutional violation, the district court did not err in determining that Herman had not established that the City of Shannon was liable under 42 U.S.C. § 1983. See McKinney v. Irving Indep.
Sch. Dist. , 309 F.3d 308, 312 (5th Cir. 2002), cert. denied ,
AFFIRMED.
No. 04-60027
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This document cites
- U.S. Court of Appeals for the Fifth Circuit - David Mckinney; Sylvia Mckinney, Plaintiffs-Appellants, v. Irving Independent School District; Patricia Kirksey, Individually; Sandra Mayes, Individually; Madeleine Teal, Dr., Individually, Defendants-Appellees.
- US Code - Title 42: The Public Health and Welfare - 42 USC 1983 - Sec. 1983. Civil action for deprivation of rights
- U.S. Supreme Court - Graham v. Connor, 490 U.S. 386 (1989)
- U.S. Court of Appeals for the Fifth Circuit - Maria Del Rosario C. Fraire, Individually and as Next Friend for Myra Fraire and Juan Antonio Fraire, Minor Children, and Josefa Esquivel Fraire, Plaintiffs-Appellants, v. City of Arlington and James W. Lowery, Jr., Defendants-Appellees. No. 91-1597. Summary Calendar., 957 F.2d 1268 (5th Cir. 1992)
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