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UNTALAN v. CITY OF LORAIN

No. 04-4489.

430 F.3d 312 (2005)

Romeo V. UNTALAN, Individually and as Administrator of the Estate of Ronnie C. Untalan; Corazon Untalan, Plaintiffs-Appellants, v. CITY OF LORAIN, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 7, 2005.

Attorney(s) appearing for the Case

ARGUED: Paul B. Daiker, Zukerman, Daiker & Lear, Cleveland, Ohio, for Appellants. Todd M. Raskin, Mazanec, Raskin & Ryder, Cleveland, Ohio, for Appellees. ON BRIEF: Paul B. Daiker, Zukerman, Daiker & Lear, Cleveland, Ohio, for Appellants. Todd M. Raskin, Carl E. Cormany, Mazanec, Raskin & Ryder, Cleveland, Ohio, for Appellees.

Before: MARTIN, NELSON, and ROGERS, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

This is a § 1983 action for the use of deadly force arising out of the fatal shooting by police of a schizophrenic who, seconds before being shot, attacked a police officer with a butcher knife. The Plaintiffs-Appellants in this case, Romeo and Corazon Untalan, are the parents of the decedent Ronnie Untalan. They seek to vindicate Ronnie's Fourth and Fourteenth Amendment right not to be killed by the police. They are suing...

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