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MARAVILLA v. U.S.

No. 94-3968.

60 F.3d 1230 (1995)

Evangelina MARAVILLA, individually and as Administratrix of the Estate of Melecio Maravilla, Adriana Marisela, Melecio Maravilla, Jr., et al., Plaintiffs-Appellants, v. UNITED STATES of America, John Malone, Kevin Cronin, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 19, 1995.

Attorney(s) appearing for the Case

Ivan E. Bodensteiner (argued), Valparaiso, IN, for Evangelina Maravilla, Adriana Marisela, Jesus Maravilla, and Melecio Maravilla, Jr.

Orest S. Szewciw, Asst. U.S. Atty., Dyer, IN, Barbara L. Herwig, Dept. of Justice, Civ. Div., Appellate Section, Washington, DC, Douglas B. Jordan (argued), Federal Reserve System, Matthew T. Fricker, Dept. of Justice, Civ. Div., Washington, DC, for U.S., John Malone, Kevin Cronin, Tim Wilson, and Richard W. Marianos.

Anthony DeBonis, Jr., Terrance L. Smith, Krista Smith MacLennan (argued), Smith & Debonis, East Chicago, IN, for City of East Chicago, Michael Muskin, Feliciano Rodriguez, John Nava, and Ralph Flores.

Before ESCHBACH, FLAUM, and MANION, Circuit Judges.

MANION, Circuit Judge.

In the early morning hours agents of the Bureau of Alcohol, Tobacco and Firearms (BATF), working in conjunction with members of the East Chicago, Indiana police force, executed a warrant on the home of Jesus Maravilla for the purpose of arresting him for violations of state firearms law. During the course of the forceful entry and search, four BATF agents shot and killed Jesus' father, Melecio Maravilla, Sr. The victim's wife, Evangelina Maravilla...

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