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PENLEY v. ESLINGER

No. 09-13092.

605 F.3d 843 (2010)

Ralph J. PENLEY, Donna Penley, as Co-Personal Representatives of the Estate of Christopher David Penley, Deceased; and as natural parents of Christopher David Penley, Plaintiffs-Appellants, v. Donald F. ESLINGER, as Sheriff of Seminole County, Michael W. Weippert, individually, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 3, 2010.

Attorney(s) appearing for the Case

James E. Taylor, Jr., J. Edwin Mills, Law Office of J. Edwin Mills, Orlando, FL, for Plaintiffs-Appellants.

Donald Andrew DeBevoise, Jeffrey K. Grant, DeBevoise & Poulton, P.A., Winter Park, FL, for Defendants-Appellees.

Before DUBINA, Chief Judge, and MARTIN and COX, Circuit Judges.

MARTIN, Circuit Judge:

Christopher David Penley, a fifteen-year-old boy, modified a plastic air pistol to look like a real weapon and brought it to school. School officials called the police and, during the ensuing standoff, Lieutenant Michael W. Weippert fired a single shot, striking Mr. Penley in the head. The wound proved fatal. Ralph J. Penley and Donna Penley, acting as personal representatives of their son's estate...

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