OPINION
COLE, Circuit Judge.
Plaintiff-Appellee Dian Sabo filed this action against Defendant City of Mentor and Defendant-Appellant Mentor Police Officer Scott Tkach for violations of state and federal rights after Tkach shot and killed her husband, Richard Sabo, outside the Sabo residence. Tkach appeals the district court's denial of qualified immunity. Because genuine issues of material fact preclude summary judgment in this case, we
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