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KOPF v. SKYRM

No. 92-1566.

993 F.2d 374 (1993)

Ada Sandra KOPF, Personal Representative of the Estate of Anthony John Casella, Plaintiff-Appellant, v. James SKYRM; Prince George's County, Maryland, a body corporate and politic; Joseph P. Wing, Corporal; Steven Kerpelman, Corporal, Defendants-Appellees, and Other Unknown Officers of the Prince George's County Police Department, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided May 7, 1993.

Attorney(s) appearing for the Case

Terrell Non Roberts, III, argued (Christopher Griffiths, on brief), Roberts & Wood, Riverdale, MD, for plaintiff-appellant.

Sean Daniel Wallace, Associate County Atty., argued (Michael P. Whalen, County Atty., Michael O. Connaughton, Deputy County Atty., and Alan E. D'Appolito, Associate County Atty., on brief), Upper Marlboro, MD, for defendants-appellees.

Before ERVIN, Chief Judge, and HALL and PHILLIPS, Circuit Judges.

OPINION

K.K. HALL, Circuit Judge:

Ada Kopf appeals a judgment entered after a jury verdict in favor of the defendant police officers and a subsequent summary judgment for the defendant county in this 42 U.S.C. § 1983 action alleging excessive use of force during the arrest of Kopf's deceased son. We reverse and remand for a new trial.

I.

At midnight on February 21, 1988, a white male with a handgun robbed a pizza take-out shop in Hyattsville...

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