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ROMERO v. BOARD OF COUNTY COM'RS

No. 94-1440.

60 F.3d 702 (1995)

Higinio ROMERO, individually and as Personal Representative of the Estate of Richard Romero; Frances Romero, individually, Plaintiffs-Appellees, v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LAKE, STATE OF COLORADO, Defendant, and David Duarte, Sheriff of Lake County in his official capacity; SEAN DEFABBO, individually and in his official capacity as Deputy Sheriff of Lake County, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 22, 1995.

Attorney(s) appearing for the Case

Joseph M. Ricci of Alexander & Ricci, Colorado Springs, CO, for plaintiffs-appellees.

Theodore S. Halaby and Robert M. Liechty of Halaby Cross Liechty Schluter & Buck, Denver, CO, for defendant-appellant DeFabbo.

Before ANDERSON, BALDOCK and BRORBY, Circuit Judges.

ANDERSON, Circuit Judge.

The parents of Richard Romero, who is now deceased, brought this 42 U.S.C. § 1983 suit against the sheriff and deputy sheriff of Lake County, Colorado, and the Lake County Board of Commissioners.1 The suit alleges that deputy sheriff Sean DeFabbo violated the Fourth Amendment by using deadly force against Richard Romero. DeFabbo moved for summary judgment on the ground of qualified immunity. The district court...

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