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KANE v. LEWIS

Nos. 11-1378, 11-1379

ANDREW KANE, Individually and as Personal Representative of the Estate of Andrew Dwayne Cornish, Plaintiff-Appellant, v. BRIAN LEWIS; JOHN LEWIS, Officer; JENSEN SHORTER, Officer; LEAF A. LOWE, Officer; KENNETH MALIK, Individually and in his Official Capacity as Chief of Police for the Cambridge Police Dept.; THE COMMISSIONERS OF CAMBRIDGE, A Body Corporate and Politic, Defendants-Appellees. ANDREW KANE, Individually and as Personal Representative of the Estate of Andrew Dwayne Cornish, Plaintiff-Appellee, v. BRIAN LEWIS; JOHN LEWIS, Officer; JENSEN SHORTER, Officer; LEAF A. LOWE, Officer; THE COMMISSIONERS OF CAMBRIDGE, A Body Corporate and Politic; KENNETH MALIK, Individually and in his Official Capacity as Chief of Police for the Cambridge Police Dept., Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided June 18, 2012.

Attorney(s) appearing for the Case

ARGUED: Terrell Roberts , ROBERTS & WOOD, Riverdale, Maryland, for Appellant/Cross-Appellee.

Victoria M. Shearer , KARPINSKI, COLARESI & KARP, PA, Baltimore, Maryland, for Appellees/Cross-Appellants.

ON BRIEF: Daniel Karp , KARPINSKI, COLARESI & KARP, PA, Baltimore, Maryland, for Appellees/Cross-Appellants.

Dismissed by unpublished opinion. Judge Duncan wrote the opinion, in which Judge King and Judge Thacker joined.

Unpublished opinions are not binding precedent in this circuit.

DUNCAN, Circuit Judge

This appeal and cross-appeal arise from the district court's partial grant of summary judgment on appellant Andrew Kane's claims under 42 U.S.C. § 1983 and the Maryland Constitution.1 Kane's claims are based on the 2005 fatal shooting of his son, Andrew Cornish, by police during the execution of a narcotics search warrant at...

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