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INGLE EX REL. ESTATE OF INGLE v. YELTON

No. 05-1556.

439 F.3d 191 (2006)

Deborah Jean INGLE, Administrator of the ESTATE OF Christopher James Burt INGLE, Plaintiff-Appellant, v. Mike YELTON, in his official and individual capacities; City of Asheville; Chris Young, in his official and individual capacities; Joe Johnson, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 8, 2006.

Attorney(s) appearing for the Case

ARGUED: Kyle William King, Weaverville, North Carolina, for Appellant. Frederick S. Barbour, McGuire, Wood & Bissette, P.A., Asheville, North Carolina, for Appellees. ON BRIEF: Rendi L. Mann-Stadt, McGuire, Wood & Bissette, P.A., Asheville, North Carolina; Curtis W. Euler, Office of City Attorney for the City of Asheville, Asheville, North Carolina, for Appellees.

Before WILLIAMS, MOTZ, and KING, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge WILLIAMS and Judge KING joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge.

Deborah Ingle brought this 42 U.S.C. § 1983 (2000) excessive force action against the Asheville, North Carolina, Police Department and three of its officers after the officers fatally shot her son. Ingle asserted...

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