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SHEETS v. MULLINS

No. 00-4162.

287 F.3d 581 (2002)

Theresa SHEETS; Theresa Sheets, as the Administrator for the Estate of Tiffany Jean Montgomery, Deceased, Plaintiffs-Appellees, v. Sergeant Howard MULLINS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed April 25, 2002.

Attorney(s) appearing for the Case

James D. McNamara (argued and briefed), Columbus, OH, for Plaintiffs-Appellees.

Douglas C. Boatright (briefed), Mark D. Landes (argued and briefed), Isaac, Brant, Ledman & Teetor, Columbus, OH, for Defendant-Appellant.

Before: SILER and COLE, Circuit Judges; STAFFORD, District Judge.

OPINION

STAFFORD, District Judge.

Appellant, Sergeant Howard Mullins ("Mullins"), appeals the district court's decision denying his motion for summary judgment on the basis of qualified immunity. We reverse.

I. BACKGROUND

Theresa Sheets ("Sheets") and Roger Montgomery ("Montgomery") lived together in Gallia County, Ohio, with their baby daughter, Tiffany, and Sheets's son, Shawn. On Thursday, February 20, 1997, Montgomery shot and killed...

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