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CRAIGHEAD v. LEE

No. 04-1377.

399 F.3d 954 (2005)

Shenita CRAIGHEAD and Sherell Craighead, as Co-Trustees for the Heirs and Next-of-Kin of Charles Craighead, Deceased, Appellees, v. Michael A. LEE and the City of St. Paul, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed January 10, 2005.

Rehearing and Rehearing Denied February 18, 2005.

Attorney(s) appearing for the Case

Frank E. Villaume, III, argued, City Attorney's Office, St. Paul, MN, for appellant.

Frederick J. Goetz, argued, Minneapolis, MN, for appellee.

Before WOLLMAN and HEANEY, Circuit Judges, and HOLMES, District Judge.

Rehearing and Rehearing En Banc Denied February 18, 2005.

HOLMES, District Judge.

Carlos Scott shot two men in less than two hours on the morning of December 3, 2001. After doing so, he pulled his gun on Charles Craighead, but Craighead wrestled the gun away from him. Craighead and Scott were still wrestling when Officer Michael Lee arrived shortly after Craighead had taken the gun from Scott. Lee's shotgun blast...

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