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SCOTT v. HENRICH

No. 91-35429.

39 F.3d 912 (1994)

Doris A. SCOTT, individually and as Personal Representative of the Estate of John William Scott, deceased, Plaintiff-Appellant, v. James L. HENRICH; David J. Flamand; Butte-Silver Bow Law Enforcement Agency; City of Butte; County of Silver Bow, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 9, 1994.

Opinion Withdrawn November 2, 1994.

Filed November 2, 1994.

Attorney(s) appearing for the Case

Curtis G. Thompson, William D. Jacobsen, Jardine, Stephenson, Blewett & Weaver, Great Falls, MT, for plaintiff-appellant.

Brendon J. Rohan, C. Richard Anderson, Poore, Roth & Robinson, Butte, MT, for defendants-appellees Henrich, Flamand, and Butte-Silver Bow Law Enforcement Agency.

Gregory Black, Marshal Mickelson, Corrette, Smith, Pohlman & Allen, Butte, MT, for defendants-appellees City of Butte and County of Silver Bow.

Before: FARRIS, NORRIS and KOZINSKI, Circuit Judges.

Opinion by Judge KOZINSKI; Dissent by Judge NORRIS.

ORDER

The opinion and dissent filed on September 9, 1994, are withdrawn. The attached revised opinion and dissent shall be filed in their place.

OPINION

KOZINSKI, Circuit Judge.

Doris Scott contends that the police officer defendants acted unreasonably by killing her husband John Scott.1 We consider the amount of proof needed to overcome a motion for...

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