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WILSON v. CITY OF DES MOINES, IOWA

No. 01-2906SI.

293 F.3d 447 (2002)

Joyce WILSON, as Administrator of the Estate of Jerome Leroy Mozee; and Val Wilson, Jr., as Co-Administrator of the Estate of Jerome Leroy Mozee, Appellees, v. CITY OF DES MOINES, IOWA, a municipal corporation; Joseph Morgan, individually and in his official capacity as a Des Moines Police Officer; and Terry Mitchell, individually and in his official capacity as a Des Moines Police Officer, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: June 7, 2002.

Attorney(s) appearing for the Case

Alfredo Parrish, argued, Des Moines, IA, for appellee.

Harry Perkins, III, argued, Guy R. Cook, argued, Des Moines, IA (Mark Godwin, on the brief), for appellants.

Before: BYE, HEANEY, and RICHARD S. ARNOLD, Circuit Judges.

Richard S. ARNOLD, Circuit Judge.

On April 19, 1999, Jerome Mozee was shot and killed by two Des Moines police officers, Joseph Morgan and Terry Mitchell. Mr. Mozee's estate sued the City of Des Moines and the officers, alleging that the officers used excessive force while pursuing and attempting to restrain Mr. Mozee in violation of 42 U.S.C. § 1983. Both officers moved for summary judgment on the basis of qualified immunity. The District Court denied these...

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