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PACE v. CAPOBIANCO

No. 01-13186.

283 F.3d 1275 (2002)

Patricia PACE, as surviving parent, personal representative and Administratrix of the Estate of Alfaigo Davis, deceased, Plaintiff-Appellee, v. Nicholas CAPOBIANCO, individually and in his official capacity as Deputy Sheriff of Richmond County, Gary Clark Jr., individually and in his official capacity as Deputy Sheriff of Richmond County, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 1, 2002.

Attorney(s) appearing for the Case

James W. Ellison, Burnside, Wall, Daniel & Ellison, Augusta, GA, for Defendants-Appellants.

Elizabeth J. Norman, Mathis & Adams, Savannah, GA, Charles A. Mathis, Jr., Atlanta, GA, for Plaintiff-Appellee.

Before EDMONDSON, HILL and LAY, Circuit Judges.

EDMONDSON, Circuit Judge:

This case is about the use of deadly force, the Fourth Amendment and qualified immunity. We must determine whether two policemen are entitled to qualified immunity for their act of shooting a fleeing suspect. The case is before us to review the denial of summary judgment.

BACKGROUND

a.

We have resolved all factual disputes in the record in Plaintiff's favor when sufficient, competent evidence was present to support...

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