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ABRAHAM v. RASO

Nos. 98-5405, 98-5406.

183 F.3d 279 (1999)

Vanessa ABRAHAM, in her own right and as Administratrix of the Estate of Robert Abraham, Deceased, and on Behalf of Robert Christopher Abraham, Jr., Labreea Von Abraham and Taquan Carey, the Minor Children of Decedent; CNA Insurance Company (Intervenor-Plaintiff in D.C.), v. Kimberly RASO, Badge No. 243, Individually and in her Official Capacity as a Township of Cherry Hill Police Officer; the Township of Cherry Hill; Cherry Hill Center, Inc.; The Rouse Company of New Jersey, Inc.; The Rouse Company; Macy's East Inc. Liberty Mutual Insurance Company (Intervenor-Defendant in D.C.) (D.C. Civil No. 96-4884). Kimberly Raso; Joris Hoogendoorn v. The Estate of Robert C. Abraham, Deceased; Vanessa Abraham, Administratrix of the Estate of Robert C. Abraham; Vanessa Abraham, Individually; Macy's Department Store; John Doe(s), a fictitious name or names, jointly severally or in the alternative (D.C. Civil No. 96-5146), Vanessa Abraham, Appellant in No. 98-5405. Kimberly Raso; Joris Hoogendoorn, Appellants in No. 98-5406.

United States Court of Appeals, Third Circuit.

Filed July 26, 1999.

Attorney(s) appearing for the Case

Alan L. Yatvin (Argued), Popper & Yatvin, Philadelphia, PA, for Appellant/Appellee Vanessa Abraham.

Louis J. Kotlikoff (Argued), Kotlikoff, Littlefield & Fishman, Audubon, NJ, for Appellants Kimberly Raso and Joris Hoogendoorn in No. 98-5406.

Mario A. Iavicoli (Argued), Haddonfield, NJ, for Appellee Kimberly Raso in No. 98-5405.

John C. Simons, Hoagland, Longo, Moran, Dunst & Doukas, New Brunswick, NJ, for Appellee CNA Insurance Company.

Carl D. Poplar, Jeffrey A. Ahren (Argued), Poplar & Eastlack, Turnersville, NJ, Philip R. Lezenby, Jr., Lezenby, Zane & Cure, Barrington, NJ, for Appellee Township of Cherry Hill.

Frank D. Allen (Argued), Archer & Greiner, Haddonfield, NJ, for Appellees Cherry Hill Center, Inc.; The Rouse Company of New Jersey, Inc.; and The Rouse Company.

Steven B. Prystowsky (Argued), Lester, Schwab, Katz & Dwyer, New York, N.Y., for Appellee Macy's East Inc.

Lewis K. Jackson (Argued), Marlton, NJ, for Appellee Liberty Mutual Insurance Company.

Before: BECKER, Chief Judge, COWEN, Circuit Judge, and STAGG, District Judge.

OPINION OF THE COURT

COWEN, Circuit Judge:

Kimberly Raso, an off-duty police officer, shot and killed Robert Abraham in a mall parking lot while Abraham was trying to escape from a Macy's store where he had been stealing clothes. Raso was working as a mall security guard at the time and testified that she fired at Abraham because he tried to hit her with his car after she blocked its path. Abraham's estate alleges that Raso used excessive force. According...

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