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WILLIS v. OAKES

No. 2:06CV00015.

493 F.Supp.2d 776 (2007)

Steve WILLIS, etc., et al., Plaintiffs, v. Ronald D. OAKES, etc., et al., Defendants.

United States District Court, W.D. Virginia, Big Stone Gap Division.

June 19, 2007.

Attorney(s) appearing for the Case

Clifton L. Corker, Johnson City, TN, Douglas T. Jenkins, Rogersville, TN, Charles R. Terry and F. Braxton Terry, Terry Terry & Stapleton, Morristown, TN, for Plaintiffs.

Henry S. Keuling-Stout, Keuling-Stout, P.C., Big Stone Gap, VA, for Defendants Andrew Drake McNally and John Patrick Oliver Yost.

OPINION

JONES, Chief Judge.

In this action for damages resulting from a police shooting, I find that the defendant police officers are entitled to summary judgment in their favor.

I

During a confrontation on July 7, 2005, between Kirby Willis and two Wise County, Virginia, sheriffs deputies, Andrew McNally and John Yost, Deputy McNally fired three shots at close range from his pistol at Kirby Willis, killing him. The shots also accidently...

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