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ESTATE OF BENNETT v. WAINWRIGHT

No. 07-2169.

548 F.3d 155 (2008)

ESTATE OF Daniel BENNETT, II, Arlene Bedard, Isabel Bedard, and Laurie Hart, Plaintiffs, Appellants, v. Christopher WAINWRIGHT, Matthew Baker, Timothy Turner, James Miclon, James Davis, Lloyd Herrick, and County of Oxford, Maine, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 26, 2008.

Attorney(s) appearing for the Case

Thomas J. Connolly, for appellants.

Peter T. Marchesi, with whom Cassandra S. Shaffer and Wheeler & Arey, P.A., were on brief, for appellees Christopher Wainwright, Matthew Baker, James Miclon, James Davis, Lloyd Herrick, and County of Oxford.

Ronald W. Lupton, Assistant Attorney General, with whom G. Steven Rowe, Attorney General, and Paul Stern, Deputy Attorney General, was on brief, for appellee Timothy Turner.

Before LYNCH, Chief Judge, CUDAHY, and TORRUELLA, Circuit Judges.

TORRUELLA, Circuit Judge.

This appeal involves the tragic death of Daniel Bennett II ("Bennett"), a mentally ill young man, when he opened fire against Maine law enforcement officers who had been called to his home. The officers responded with gunfire and Bennett was killed. Bennett's estate ("the Estate") — his mother, Arlene Bedard ("Arlene"); his grandmother, Isabel Bedard ("Isabel"); and his sister, Laurie Hart ("Laurie") — brought suit against the...

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