UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

DARREL RAY RICHARDS,
Administrator, Estate of Elbert Ray
Richards, deceased,
Plaintiff-Appellant,

v.

JAMES DONIVAN FERREBEE,
individually and in his official
capacity, Trooper, West Virginia
State Police; MATTHEW SCOTT
ADAMS, individually and in his
official capacity, West Virginia                             No. 98-2698
State Police,
Defendants-Appellees,

and

UNKNOWN AND UNNAMED STATE
TROOPERS, SUPERVISORS,
ADMINISTRATORS,AND EMPLOYEES,
individually and in their official
capacities as employees of the State
of West Virginia,
Defendants.

Appeal from the United States District Court
for the Northern District of West Virginia, at Clarksburg.
Irene M. Keeley, District Judge.
(CA-97-116-1)

Argued: October 27, 1999

Decided: December 8, 1999

Before LUTTIG, WILLIAMS, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

ARGUED: Brent E. Beveridge, BEVERIDGE LAW OFFICES, Fair-
mont, West Virginia, for Appellant. Ancil Glenn Ramey, STEPTOE
& JOHNSON, Charleston, West Virginia, for Appellees. ON BRIEF:
Jeffrey K. Phillips, STEPTOE & JOHNSON, Charleston, West Vir-
ginia, for Appellees.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Darrel Ray Richards, administrator of the estate of his deceased
father, Elbert Ray Richards, appeals the district court's award of sum-
mary judgment to West Virginia State Police troopers James Donivan
Ferrebee and Matthew Scott Adams in this action brought pursuant to
42 U.S.C. § 1983. The events giving rise to this lawsuit stemmed
from the troopers' investigation on June 24, 1995, of a potential dis-
turbance at a roadside tavern operated by the elder Richards in Ritchie
County, West Virginia. The complaint alleged that the troopers unrea-
sonably used deadly force against Mr. Richards during a confronta-
tion at his living quarters adjacent to the tavern, thereby causing his
death.

The district court determined that the troopers were entitled to
qualified immunity for their actions. The lower court's conclusion
relied on our precedent in Elliott v. Leavitt , 99 F.3d 640 (4th Cir.
1996), and our subsequent published order denying rehearing en banc.
See Elliott v. Leavitt, 105 F.3d 174 (4th Cir. 1997). In Elliott, we held
that the defense of qualified immunity absolved the defendant police

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officers from § 1983 liability for firing repeatedly upon a criminal
suspect who had pointed a handgun at the officers and would not obey
their lawful commands to drop the weapon.

We agree with the district court that Elliott controls here, the appel-
lant having failed to sufficiently distinguish its applicability to the
facts of this case. We therefore affirm the judgment below for the rea-
sons stated by the district court in its memorandum opinion. Richards
v. Ferrebee, et al., No. CA-97-116-1 (N.D. W. Va., Oct. 26, 1998).

AFFIRMED

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