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WESTCOTT v. CITY OF OMAHA

No. 89-1709.

901 F.2d 1486 (1990)

Vicki WESTCOTT, Administratrix of the Estate of Arden Westcott, Deceased, Appellant, v. CITY OF OMAHA, a Municipal Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 8, 1990.

Attorney(s) appearing for the Case

Ronald H. Stave, Omaha, Neb., for appellant.

Thomas O. Mumgaard, Omaha, Neb., for appellee.

Before McMILLIAN, JOHN R. GIBSON and BOWMAN, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

On October 29, 1986, Joseph Crinklaw, an officer of the Omaha Police Department, responded to a burglary alarm at a pharmacy. When Officer Crinklaw arrived at the pharmacy, he saw Arden Westcott ("Decedent") standing near the store's rear door. Decedent then began to run from Crinklaw, who saw two flashes of light come from Decedent's hand. After seeing the flashes of light, Crinklaw fired two bullets at Decedent; one of the bullets...

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