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ESTATE OF LEE EX REL. LEE v. SPOKANE

No. 18347-5-III.

2 P.3d 979 (2000)

101 Wash.App. 158

The ESTATE OF Elwood Rayvon LEE, By Joan LEE as personal representative, and Joan Lee, widow of Elwood Rayvon Lee, individually and as a surviving spouse; and Rhiannon Lee, a minor child, by and through Joan Lee; and Matthew Lee, a minor child, by and through Joan Lee, Appellants, v. The CITY OF SPOKANE, a municipal corporation, its agencies, and departments, and Officer Benjamin Estes, individually and the marital community composed of Benjamin Estes and Jane Doe Estes; and Officer Kevin Langford, individually and the marital community composed of Kevin and Jane Doe Langford, Respondents and Cross-Appellants.

Court of Appeals of Washington, Division 3, Panel Nine.

June 15, 2000.

Attorney(s) appearing for the Case

Dennis C. Cronin, Maxey Law Offices, Thomas M. Smith, Spokane, for Appellants.

Rocco N. Treppiedi, Perkins, Coie, James C. Sloane, City Attorney, and John A. Level, Asst. City Atty., Spokane, for Respondents.

SWEENEY, J.

The estate and survivors of Elwood R. Lee brought federal and state tort claims against the City of Spokane and two individual police officers after Mr. Lee was fatally shot during a domestic violence incident. The issues presented by their 42 U.S.C. § 1983 action are governed by two separate legal standards. Whether police used excessive force in seizing Mr. Lee is...

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