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FORD v. MOORE

Nos. 99-9303L, 99-9305(CON), 99-9315(CON).

237 F.3d 156 (2001)

Jacqueline FORD, as Administratrix of the Estate of Robert Ford, deceased, and individually, Plaintiff-Appellee, v. Edward F. MOORE, individually and as a Lieutenant (agent and/or employee) of the Saratoga Springs Police Department, and Thomas W. Mitchell, individually and as a Lieutenant (agent and/or employee) of the Saratoga Springs Police Department, Defendants-Appellants.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided January 8, 2001.

Errata Filed January 26, 2001.

Attorney(s) appearing for the Case

Daniel J. Stewart, Dreyer Boyajian LLP, Albany, N.Y., on the brief, for defendant-appellant Edward F. Moore.

James B. Tuttle, Bohl, Della Rocca & Dorfman, P.C., Albany, N.Y., on the brief, for defendant-appellant Thomas W. Mitchell.

Kent J. Gebert, Schenectady, N.Y., on brief, for plaintiff-appellee.

Before: MESKILL, JON O. NEWMAN, and CABRANES, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal by two supervisory police officers concerns their claim of qualified immunity in a case in which subordinate officers intervened in an attempt to avert the apparently imminent suicide of a distraught young man armed with a rifle. The young man was ultimately killed by a bullet fired, under disputed circumstances, from the pistol of one of the subordinate officers. Lt. Edward F. Moore and Lt. Thomas W. Mitchell of the Saratoga...

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