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LIGAS v. ALLEN

Nos. 84-3523, 84-3673.

765 F.2d 53 (1985)

Marcia L. LIGAS, as Administratrix of the Estate of Michael Richard Ligas, Deceased, and as surviving spouse of Michael Richard Ligas, and as Guardian for her minor daughter, Marcie, the surviving child of Michael Richard Ligas, Appellant, v. Carl J. ALLEN, Jr., the City of Pittsburgh, and Robert J. Coll, Jr., in his official capacity as Superintendent of the Department of Police of the City of Pittsburgh, Appellees.

United States Court of Appeals, Third Circuit.

Decided June 26, 1985.

Rehearing and Rehearing Denied July 29, 1985.

Attorney(s) appearing for the Case

James R. Duffy, Harlan S. Stone, Stone & Stone, Pittsburgh, Pa., for appellant.

D.R. Pellegrini, City Sol., Marvin A. Fein, Deputy City Sol., Dept. of Law, City of Pittsburgh, Pittsburgh, Pa., for appellees.

Before SEITZ, WEIS, and ROSENN, Circuit Judges.

Submitted Pursuant To Third Circuit Rule 12(6) May 2, 1985.

Rehearing and Rehearing En Banc Denied July 29, 1985.

OPINION OF THE COURT

WEIS, Circuit Judge.

The plaintiff's complaint sought damages under 42 U.S.C. § 1983 for the death of her husband who was shot by defendant Allen, a police officer employed by the City of Pittsburgh. The district court granted summary judgment to the city and its Superintendent, Coll, based on the res...

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