Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
No. 2:14-cv-02089—S. Thomas Anderson, District Judge.
Argued: February 1, 2017
Decided and Filed: April 10, 2017
Before: BATCHELDER, SUTTON, and KETHLEDGE, Circuit Judges.
KETHLEDGE, Circuit Judge. Phillip Penny, a Memphis police officer, fatally shot
Donald Moore, Sr., after Moore pointed a gun at him during the execution of a search warrant at
Moore’s home. Moore’s children sued Penny and the City of Memphis under 42 U.S.C. § 1983,
alleging constitutional violations that they say resulted in Moore’s death. The district court
granted summary judgment for the defendants, holding that they did not violate Moore’s
constitutional rights. We affirm.