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TERRELL v. LARSON

No. 03-1293.

371 F.3d 418 (2004)

James TERRELL, as Trustee for the heirs and next of kin of Talena Terrell; Jordan E. Terrell, individually; Warren Kvistberg, individually, and on behalf of minors Kyle Kvistberg and Kaila Kvistberg; Tammy Kvistberg, individually, and on behalf of minors Kyle Kvistberg and Kaila Kvistberg; Amos Kvistberg, individually; Donald Gibbons, individually; Rebecca Gibbons, individually; Gary Kvistberg, individually; Lorraine P. Anderson, suing as Lorraine P. (Kvistberg) Anderson, individually, Plaintiffs — Appellees, v. Brek Andrew LARSON, Anoka County Sheriff's Deputy; Shawn Aaron Longen, Anoka County Sheriff's Deputy, Defendants — Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: June 10, 2004.

Rehearing Granted; Opinion Vacated August 3, 2004.

Attorney(s) appearing for the Case

James T. Martin, argued, Edina, MN, for appellant.

Mark D. Nyvold, argued, St. Paul, MN, for appellee.

Before LOKEN, Chief Judge, LAY and HEANEY, Circuit Judges.

Rehearing En Banc Granted; Opinion Vacated August 3, 2004.

PER CURIAM.

The fundamental issue in this interlocutory appeal is whether the denial of summary judgment based on qualified immunity for the defendant police officers was correctly decided by the district court.1 We hold that it was, but for reasons which differ from the district court's analysis.

Talena Terrell was killed...

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