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PHELAN v. CITY OF MOUNT RAINIER

No. 98-CV-1096.

805 A.2d 930 (2002)

Karen PHELAN, et al., Appellants, v. CITY OF MOUNT RAINIER and its Chief of Police, John Thompson, Appellees.

District of Columbia Court of Appeals.

Decided August 22, 2002.

Attorney(s) appearing for the Case

Mark D. Johnson, with whom Wade J. Gallagher was on the brief, for appellants.

David B. Stratton, with whom Teresa W. Kenney was on the brief, for appellees.

Before WAGNER, Chief Judge, FARRELL, Associate Judge, and BELSON, Senior Judge.

WAGNER, Chief Judge:

Jeffrey Phelan was shot and killed on the steps of his home in the District of Columbia by Wesley Thompson, then an off-duty police officer with the City of Mount Rainier, Maryland. Appellant Karen Phelan, decedent's widow, individually and as personal representative of the decedent's estate, and to the use of decedent's parents, Donna and Michael Phelan (collectively "Appellant"), filed a complaint under

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