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GOHIER v. ENRIGHT

No. 98-1149.

186 F.3d 1216 (1999)

Jeanne GOHIER, individually and as personal representative for the Estate of Michael Lucero, Plaintiff-Appellant, v. Gary ENRIGHT; City of Colorado Springs, a Colorado municipal corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 3, 1999.

Attorney(s) appearing for the Case

Patric J. LeHouillier, of LeHouillier & Associates (Alexandria Mason with him on the brief), Colorado Springs, Colorado, for Plaintiff-Appellant.

Thomas J. Marrese, Senior Litigation Attorney for the City of Colorado Springs, Colorado, (Patricia K. Kelly, City Attorney, with him on the brief), for Defendants-Appellees.

Before BALDOCK, KELLY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Jeanne Gohier, representing the estate of Michael Lucero, appeals two orders of the district court. Those orders had the combined effect of completely dismissing the estate's suit against the city of Colorado Springs and one of its police officers, Gary Enright, who had fatally shot Lucero.

In its first order, the court granted summary judgment to Enright and the City on Gohier's § 1983 claims. It held that Enright was qualifiedly...

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