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ESTATE OF MORGAN v. COOK

No. 11-3376.

686 F.3d 494 (2012)

ESTATE OF David Eugene MORGAN, Jr., Plaintiff-Appellant, v. John Edwin COOK, Police Officer; John Degonia, Chief of Police, Sedalia Missouri Police Department; City of Sedalia, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 10, 2012.

Attorney(s) appearing for the Case

Steven T. Majors , argued, North Kansas City, MO, Kevin A. Graham , on the brief, Liberty, MO, for Plaintiff-Appellant.

Marshall V. Wilson , argued, Michael G. Berry , on the brief, Jefferson City, MO, for Defendants-Appellees.

Before LOKEN and SHEPHERD, Circuit Judges, and GERRARD, District Judge.

SHEPHERD, Circuit Judge.

Officer John Edwin Cook fatally shot David Eugene Morgan, Jr., after responding to a domestic disturbance at Morgan's residence in Sedalia, Missouri. Morgan's estate (the "Estate") sued Cook pursuant to 42 U.S.C. § 1983, alleging Cook used excessive force in violation of Morgan's Fourth Amendment rights. After the completion of discovery, the district court2 granted Cook's motion for summary judgment, finding...

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