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IKO v. SHREVE

No. 07-7569.

535 F.3d 225 (2008)

Benny IKO, Personal representative of the Estate of Ifeanyi A. Iko; Loreen Jones, as parent and next friend of her minor son, BI; Christine Iko, Plaintiffs-Appellees, v. James SHREVE, Lieutenant; Brian Clise, Correctional Officer; Lyn Detrick, Correction Officer; Jason Harbaugh, Correctional Officer; Mark Raley, Correctional Officer; Adam Whitacre, Correction Officer; Russell Suder, Correctional Sergeant; Paul F. Deffibaugh, Correctional Officer, Defendants-Appellants, and Jon P. Galley, Warden; Correctional Officers; John Does I Through VI, Western Correctional Institution; Michael Jacobs, Correction Lieutenant; Allan Hall, Correctional Sergeant; Robert Tichnell; Russell Zang, Correctional Lieutenant, Western Correctional Institution; LOUISE GORDON, Chief of Security, Western Correctional Institution, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: August 6, 2008.

Attorney(s) appearing for the Case

ARGUED: Stephanie Judith Lane-Weber, Office Of The Attorney General of Maryland, Baltimore, Maryland, for Appellants. Paul Lawrence Knight, O'Connor & Hannan, LLP, Washington, D.C., for Appellees. ON BRIEF: Douglas F. Gansler, Attorney General of Maryland, Baltimore, Maryland, for Appellants. Gary C. Adler, Roetzel & Andress, LPA, Washington, D.C., for Appellees.

Dismissed in part and affirmed in part by published opinion. Judge DUNCAN wrote the opinion, in which Judge MICHAEL and Judge FLOYD joined.

OPINION

DUNCAN, Circuit Judge:

Ifeanyi Iko ("Iko"), an inmate in a Maryland state correctional facility, died after being forcibly removed from his cell and transferred to another cell by a team of seven correctional officers ("Appellants," or the "officers"). Iko's estate and family ("Plaintiffs") filed this survival and wrongful death action against the officers pursuant to 42 U.S.C. § 1983. The officers...

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