DAYNA LEE, ADMINISTRATRIX OF THE ESTATE OF RANDY THOMAS GROOM, DECEASED v. DAVID SHANE RUSS - Articles

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DAYNA LEE, ADMINISTRATRIX OF THE ESTATE OF RANDY THOMAS GROOM, DECEASED v. DAVID SHANE RUSS

Posted by: Karen Belcher on May 6, 2022

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Benjamin K. Raybin, RAYBIN & WEISSMAN, P.C., Nashville, Tennessee, for Appellant.

Attorneys 2: ARGUED: Robert M. Burns, HOWELL & FISHER, PLLC, Nashville, Tennessee, for Appellee.

Attorneys 3: ON BRIEF: Benjamin K. Raybin, David J. Weissman, RAYBIN & WEISSMAN, P.C., Nashville, Tennessee, for Appellant.

Attorneys 4: ON BRIEF: Robert M. Burns, Samantha A. Burnett, HOWELL & FISHER, PLLC, Nashville, Tennessee, for Appellee.

Judge(s): SUTTON, Chief Judge; MOORE and GILMAN, Circuit Judges

Court Appealed: United States District Court for the Middle District of Tennessee at Columbia

SUTTON, Chief Judge. Captain David Russ shot and killed Randy Thomas Groom during a confrontation after Groom stole a prescription from a pharmacy. Groom’s estate sued Russ for using excessive force. The district court granted Russ qualified immunity. It reasoned that, although a reasonable jury could conclude that Groom did not pose a serious threat at the time of the shooting, precedent did not clearly establish the unlawfulness of Russ’s conduct. We reverse.

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