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NANCE v. SAMMIS

No. 09-1353.

586 F.3d 604 (2009)

Unseld NANCE, Sr., individually and as the natural father and next friend of Unseld Nance, Jr.; Pamela Farrow, Plaintiffs-Appellees, v. Erik SAMMIS, individually; Jimmy Evans, individually; William Johnson, individually; Robert Paudert, individually, Defendants-Appellants, City of West Memphis, Arkansas; Unknown Arkansas State Police Officers, in their official capacity, Defendants. Deborah Farrow, individually and as co-administrator of the Estate of DeAunta Farrow; Robin Perkins, individually and as co-administrator of the Estate of DeAunta Farrow, Plaintiffs-Appellees, v. Erik Sammis, individually and in official capacity as Officer of West Memphis Police Department; Jimmy Evans, individually; William Johnson, individually; Robert Paudert, individually, Defendants-Appellants, City of West Memphis, Arkansas, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: November 10, 2009.

Attorney(s) appearing for the Case

Christian C. Michael, argued, Paul G. Charton on the brief, Little Rock, AR, for appellant.

Don E. Trimble, Little Rock, AR, for appellee.

Before MURPHY, JOHN R. GIBSON, and RILEY, Circuit Judges.

MURPHY, Circuit Judge.

This case arises from the fatal shooting of DeAunta Farrow and seizure of Unseld Nance by two police officers in West Memphis, Arkansas. The families of Farrow and Nance brought this action under 42 U.S.C. § 1983 and state law against the two officers, as well as the chief of police, the mayor, and the city, alleging in particular excessive force and unreasonable seizure in violation of the Fourth Amendment. The district court

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