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SIGMAN v. TOWN OF CHAPEL HILL

No. 97-1652.

161 F.3d 782 (1998)

Gary SIGMAN, individually and as administrator of the estate of Mark Anthony Sigman; Brigit Ellen Sigman, Plaintiffs-Appellants, v. TOWN OF CHAPEL HILL; Chapel Hill Police Department; Ralph V. Pendergraph, Police Chief; Stephen K. Riddle, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 2, 1998.

Attorney(s) appearing for the Case

ARGUED: Timothy Stig Nugent, Nugent, Wilson & Associates, Winston-Salem, North Carolina, for Appellants. Dan McCord Hartzog, Cranfill, Sumner & Hartzog, L.L.P., Raleigh, North Carolina, for Appellees. ON BRIEF: Kari L. Russworm, Cranfill, Sumner & Hartzog, L.L.P., Raleigh, North Carolina, for Appellees.

Before NIEMEYER and MICHAEL, Circuit Judges, and FRIEDMAN, United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

After Mark Sigman was fatally shot during a standoff with Chapel Hill, North Carolina police officers, Sigman's parents brought suit under 42 U.S.C. § 1983 against the police officers and the town of Chapel Hill, alleging excessive force in violation of the Fourth, Eighth, and Fourteenth Amendments, and under N.C. Gen.Stat. § 28A-18-2, alleging wrongful death. The district court granted the defendants' motion for...

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