PELLEGRINO v. U.S.

Nos. 93-56225, 93-56236.

73 F.3d 934 (1996)

Marie PELLEGRINO, as Administratrix of the goods, chattels and credits which were of John Pellegrino; Marie Pellegrino, individually; and Joseph Pellegrino, Plaintiffs-Appellants, v. UNITED STATES of America; United States Department of the Treasury, Customs Service; Nicholas Brady, as Secretary of U.S. Department of the Treasury; Carol B. Hallett, as Commissioner of U.S. Customs Service; Paul Andrews, as District Director of U.S. Customs Service in California; Stephen A. Fanter; and Jeffrey Woods, Defendants-Appellees. Marie PELLEGRINO, as Administratrix of the goods, chattels and credits which were of John Pellegrino; Marie Pellegrino, individually; and Joseph Pellegrino, Plaintiffs-Appellees, v. UNITED STATES of America, et al., Defendants, and Stephen A. Fanter, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 10, 1996.


Attorney(s) appearing for the Case

Jeffrica Jenkins Lee, United States Department of Justice, Washington, DC, for defendants-appellants, cross-appellees.

Lucianna Locorotondo and Joseph N. Giamboi, Giamboi, Reiss & Squitieri, New York City, for plaintiffs-appellees, cross-appellants.

Before: WALLACE, Chief Judge, HUG and HAWKINS, Circuit Judges.


Opinion by Judge HAWKINS; Partial Concurrence and Partial Dissent by Chief Judge WALLACE.

MICHAEL DALY HAWKINS, Circuit Judge:

This is one of those difficult cases for which there is no simple solution. It arises in the context of the use of deadly force by federal law enforcement agents and deals, at bottom, with the reasonableness of their actions. Marie Pellegrino, individually and in her capacity as administratrix of the estate of John Pellegrino ("John...

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