Lowery v. Redd

• Decision Date: 29 September 1993
• Docket Number: 93-1153,Nos. 92-2450,92-2551,s. 92-2450
• Parties: NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit. Jerry LOWERY, Plaintiff-Appellee, v. T. E. REDD, Individually and in his official capacity as a police officer; Larry STOVALL, Individually and in his official capacity as a police officer, Defendants-Appellants, and J.V. Simmons, Individually and in his official capacity as a police officer; City of South Boston, Virginia, Defendants. Jerry Lowery, Plaintiff-Appellant, v. T.E. Redd, Individually and in his official capacity as a police officer; Larry Stovall, Individually and in his official capacity as a police officer; J.V. Simmons, Individually and in his official capacity as a police officer; City of South Boston, Virginia, Defendants-Appellees, and J. V. Simmons, Individually and in his official capacity as a police officer; City of South Boston, Virginia, Defendants. Jerry Lowery, Plaintiff-Appellant, v. T. E. Redd, Individually and in his official capacity as a police officer; -Larry Stovall, Individually and in his official capacity as a police officer; -J. V. Simmons, Individually and in his official capacity as a police officer; City of South Boston, Virginia, Defendants-Appellees. . Argued:
• Court: U.S. Court of Appeals — Fourth Circuit

Page 595

14 F.3d 595

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Jerry LOWERY, Plaintiff-Appellee, v. T. E. REDD, Individually and in his official capacity as a

police officer; Larry STOVALL, Individually and

in his official capacity as a police

officer, Defendants-Appellants,

and

J.V. Simmons, Individually and in his official capacity as a

police officer; City of South Boston, Virginia,

Defendants.

Jerry Lowery, Plaintiff-Appellant, v. T.E. Redd, Individually and in his official capacity as a

police officer; Larry Stovall, Individually and in his

official capacity as a police officer; J.V. Simmons,

Individually and in his official capacity as a police

officer; City of South Boston, Virginia, Defendants-Appellees,

and

J. V. Simmons, Individually and in his official capacity as

a police officer; City of South Boston, Virginia,

Defendants.

Jerry Lowery, Plaintiff-Appellant, v. T. E. Redd, Individually and in his official capacity as a

police officer; -Larry Stovall, Individually and in his

official capacity as a police officer; -J. V. Simmons,

Individually and in his official capacity as a police

officer; City of South Boston, Virginia, Defendants-Appellees.

Nos. 92-2450, 92-2551, 93-1153.

United States Court of Appeals, Fourth Circuit.

Argued: September 29, 1993.

Dec. 21, 1993.

Appeals from the United States District Court for the Western District of Virginia, at Danville.

John H. OBrion, Jr., Cowan & Owen, P.C., for appellants.

G. Rodney Sager, Rod Sager & Associates, for appellee.

W.D.VA.

AFFIRMED.

Before HALL, PHILLIPS, and HAMILTON, Circuit Judges.

PER CURIAM

OPINION

In the early morning of February 1, 1991, during a traffic stop gone awry, Jerry Lowery was shot in the head by Larry Stovall, a police officer for the city of South Boston, Virginia. Lowery later brought this suit, alleging claims under state law and 42 U.S.C. Secs. 1983 and 1985, against Stovall; Thomas E. Redd, the other officer on the scene; J. V. Simmons, the chief of police for the city of South Boston; and the city itself.

After some discovery, the defendants moved for summary judgment. Redd and Stovall's motions were based on qualified immunity.

The district court denied Stovall's motion because, if Lowery's assertions of fact were true, no reasonable officer could have...