Herman v. City of Shannon MS

U.S. Court of Appeals for the Fifth Circuit
Herman v. City of Shannon MS, 104 F. App'x 398 (5th Cir. 2004)

Herman v. City of Shannon MS

Opinion

PER CURIAM: *

Dana M. Herman appeals the district court’s order granting summary judgment in favor of the City of Shannon, Mississippi, and Police Officers Tommy *399 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 West-brook 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, 109 S.Ct. 1865, 104 L.Ed.2d 443 (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, 537 U.S. 1194, 123 S.Ct. 1332, 154 L.Ed.2d 1030 (2003).

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
Dana M. HERMAN, Plaintiff-Appellant, v. 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
Cited By
2 cases
Status
Unpublished