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McCURDY v. DODD

No. 02-2708.

352 F.3d 820 (2003)

Bobby MCCURDY, Appellant, v. Kirk DODD, Badge No. 1762 Individually and as a police officer for the Philadelphia Police Department; Christopher DiPasquale, Badge No. 4971 Individually and as a police officer for the Philadelphia Police Department; John Mouzon, Badge No. 5293 Individually and as a police officer for the Philadelphia Police Department; Dave Thomas, Badge No. 1762 Individually and as a police officer for the Philadelphia Police Department; Scott Wallace, Badge No. 3434 Individually and as a police officer for the Philadelphia Police Department; City of Philadelphia, Appellees. City of Harrisburg; City of Pittsburgh; City of Newark; City of Camden, Amici-Appellees.

United States Court of Appeals, Third Circuit.

Filed December 17, 2003.

Attorney(s) appearing for the Case

Richard A. McDaniel (argued), Philadelphia, PA, for Appellant.

Jane L. Istvan (argued), City of Philadelphia, Law Department, Philadelphia, PA, for Appellees Kirk Dodd, John Mouzon, Dave Thomas, Scott Wallace and the City of Philadelphia.

Richard G. Tuttle (argued), Kolansky, Tuttle, & Rocco, Philadelphia, PA, for Appellee Christopher DiPasquale.

Sarah E. Ricks, Rutgers University School of Law, Camden, NJ, for Amici-Appellees.

Before ALITO, FUENTES, and BECKER, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge.

This controversy arises out of the tragic and fatal shooting of Donta Dawson ("Dawson" or the "decedent") in an encounter with officers of the Philadelphia Police Department. Dawson's biological father, Bobby McCurdy ("McCurdy"), appeals the grant of summary judgment in favor of the defendants as to McCurdy's sole remaining claim from an action brought pursuant to 42...

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