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MILSTEAD v. KIBLER

No. 00-1539.

243 F.3d 157 (2001)

Matthew MILSTEAD, Administrator of the Estate of Mark Milstead, Plaintiff-Appellant, v. Chad KIBLER; Scott Proctor; Lester Whetzel, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 15, 2001.

Attorney(s) appearing for the Case

ARGUED: Jeffrey S. Parker, Great Falls, Virginia, for Appellant. Mark Dudley Obenshain, Wharton, Aldhizer & Weaver, P.L.C., Harrisonburg, Virginia, for Appellees.

ON BRIEF: James R. Tate, Tate & Bywater, Ltd., Vienna, Virginia, for Appellant.

Before WILKINSON, Chief Judge, NIEMEYER, Circuit Judge, and Malcolm J. HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Affirmed by published opinion, Judge NIEMEYER wrote the opinion, in which Chief Judge WILKINSON and Judge HOWARD joined.

OPINION

NIEMEYER, Circuit Judge:

The Administrator of the Estate of Mark Milstead brought this action under 42 U.S.C. § 1983, alleging that three police officers used excessive force in violation of the Fourth and Fourteenth Amendments when one of the officers accidentally shot Milstead, mistaking him for an assailant who...

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