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BLOSSOM v. YARBROUGH

No. 03-5146.

429 F.3d 963 (2005)

Mary Jane BLOSSOM, in her personal capacity and as personal representative for the estate of Jeremy Ray Pickup, Plaintiff-Appellee, v. Jeff YARBROUGH, in his personal capacity, and as Deputy Sheriff of Mayes County, Oklahoma, Defendant-Appellant, and Frank Cantey, in his personal capacity and as Sheriff of Mayes County, Oklahoma; Mayes County Board of County Commissioners, Defendants.

United States Court of Appeals, Tenth Circuit.

November 23, 2005.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Dick A. Blakeley, Sutton and Associates, P.C., Tulsa, Oklahoma, for Plaintiff-Appellee.

Robert S. Lafferrandre and Robert M. Anthony, Pierce, Couch, Hendrickson, Baysinger & Green, L.L.P., Oklahoma City, Oklahoma, for Defendant-Appellant.

Before KELLY, HENRY, and MURPHY, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Defendant-Appellant Jeff Yarbrough appeals the district court's denial of qualified immunity in connection with the shooting death of Jeremy Pickup. Mr. Pickup's mother and personal representative, Plaintiff-Appellee Mary Jane Blossom, brought this civil rights action pursuant to § 1983, alleging unnecessary and excessive force. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and Mitchell v. Forsyth,

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