Hughes v. Blankenship, 80-1427

Decision Date03 March 1982
Docket NumberNo. 80-1427,80-1427
Citation672 F.2d 403
PartiesNaomi B. HUGHES, Administratrix of the Estate of Stanley Wayne Hughes, Deceased, Appellant, v. Walter D. BLANKENSHIP, Kenneth Madden, Sgt. Arthur T. Christianson, and Lt. Arlington County Police David T. Reiten, Appellees, and County of Fairfax, Virginia, County of Arlington, Virginia, County of Fairfax Board of Supervisors, County of Arlington Board of Supervisors, Fairfax County Police Department, Arlington County Police Department, Richard A. King, Police Chief of Fairfax County, William Stover, Police Chief of Arlington County, John Doe, John Doe, Defendants.
CourtU.S. Court of Appeals — Fourth Circuit

Nina J. Ginsberg, William B. Moffitt, Alexandria, Va. (Mark & Moffitt, P.C., Alexandria, Va., on brief), for appellant.

Jack L. Gould, Fairfax, Va. (Odin, Feldman & Pittleman, P.C., Fairfax, Va., Paul F. Sheridan, Siciliano, Ellis, Sheridan & Dyer, Arlington, Va., on brief), for appellees.

Before WIDENER, PHILLIPS and SPROUSE, Circuit Judges.

SPROUSE, Circuit Judge:

Naomi B. Hughes, administratrix, appeals from the judgment of the district court, entered after a jury trial, that police officers Walter D. Blankenship, Kenneth Madden, Arthur T. Christianson and David T. Reiten were not liable under 42 U.S.C. § 1983 for the shooting death of her son. The Counties of Fairfax and Arlington, their Boards of Supervisors, Police Departments and police chiefs originally also were named as defendants, but were voluntarily dismissed by Hughes. The above named officers were retained as defendants individually and "in their official capacities." Since the police officers are not liable in their official capacities and since the qualified immunity which shields them individually is not pierced by simple negligence, the judgment of the district court is affirmed.

The tragic death of Mrs. Hughes' son was the culmination of a police investigation of Kenneth King, who was sought in connection with a malicious wounding in Arlington County, Virginia, and a homicide in Alexandria, Virginia. At approximately 11:00 p. m. on the evening involved, the Arlington County police received a tip that King, who was believed to be armed, dangerous and potentially suicidal, was staying with a woman known as "Naomi" at an apartment complex in Fairfax County. Acting on this tip and other information, Sergeant Christianson, Lieutenant Reiten and District Supervisor Madden of the Arlington County police, as well as Sergeant Blankenship and Corporal LeMaster of the Fairfax County Police, proceeded to the apartment building, where they were joined by officer Judith Ludkins, also of the Fairfax County Police.

Sergeant Christianson contacted "Naomi," who proved to be the appellant, Naomi B. Hughes, by telephone, while the other police officers surrounded the apartment building. Officers Madden and Blankenship were stationed in the hallway outside Mrs. Hughes' apartment, while officers LeMaster and Reiten were at the rear of the apartment complex.

Mrs. Hughes, who was aware that King was sought by the police, spoke twice with Sergeant Christianson by telephone. The first conversation was quite brief; during the second call Mrs. Hughes stated that King had been at her apartment, but that he had departed four hours earlier. Mrs. Hughes told Sergeant Christianson that only she and her son were in the apartment, but in reality King also was present. Christianson advised the other officers of the conversation with Mrs. Hughes, and instructed her to open the apartment door for them. When she failed to act, officers Madden and Blankenship announced their presence and ordered her to open the door. Blankenship positioned himself, with his revolver drawn, in the recessed door of the apartment adjacent to Mrs. Hughes', while Madden, also with revolver drawn, was positioned on a downstairs landing. The officers heard a shot fired inside the apartment, the apartment door then slammed open and Mrs. Hughes emerged, screaming hysterically and followed closely by a black man, whom the officers assumed to be King.

Neither Blankenship nor Madden could see the man's left hand, and Blankenship, believing Mrs. Hughes' life to be in danger, fired at him. Madden, who...

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