McClendon v. City of Columbia
United States Court of Appeals for the Fifth Circuit
305 F.3d 314 (2002)
- Written by Kyli Cotten, JD
Facts
Kevin Loftin, a gang member, was an informant for the City of Columbia Police Department (the city) (defendant) in relation to drug-enforcement investigations. Loftin worked under the direction of Detective James Carney. In the course of his work as an informant, Loftin ran into conflict with Peter McClendon (plaintiff). Loftin reported to Detective Carney that he feared McClendon may retaliate against him. As a result, Detective Carney reached in his desk drawer and handed Loftin a handgun for protection. McClendon and Loftin later got into an altercation, at which point Loftin used the gun to shoot McClendon in the face, rendering him permanently blind. McClendon sued the city, alleging that Detective Carney’s conduct violated his substantive-due-process right to bodily integrity in violation of the Fourteenth Amendment to the United States Constitution. The district court granted summary judgment in favor of the city. McClendon appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
Dissent (Parker, J.)
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