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THOMAS v. DURASTANTI

No. 07-3343.

607 F.3d 655 (2010)

Ricky Lee THOMAS, Plaintiff-Appellee, v. John DURASTANTI, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 4, 2010.

Attorney(s) appearing for the Case

Thomas G. Luedke, Assistant United States Attorney (Eric F. Melgren, United States Attorney, and Marietta Parker, Acting United States Attorney, with him on the briefs), Topeka, KS, for Defendant-Appellant.

Timothy W. Monsees, of Monsees, Miller, Mayer, Presley & Amick, P.C., Kansas City, MO, for Plaintiff-Appellee.

Before KELLY, EBEL and GORSUCH, Circuit Judges.

PAUL KELLY, JR. Circuit Judge.

In this interlocutory appeal, Defendant-Appellant John Durastanti, an agent with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF"), appeals the district court's decision denying him qualified immunity from Plaintiff-Appellee Ricky Lee Thomas' claim that Agent Durastanti violated Mr. Thomas' Fourth Amendment right to be free from unreasonable seizures when Agent Durastanti shot Mr. Thomas. In an interlocutory appeal...

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