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McKINNEY v. DUPLAIN

No. 05-3812.

463 F.3d 679 (2006)

Timothy McKINNEY, individually and as personal representative of the Estate of Michael McKinney, deceased, and Lisa McKinney, individually, Plaintiffs-Appellees, v. Robert DUPLAIN, in his individual capacity, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 12, 2006.

Attorney(s) appearing for the Case

Geoffrey N. Fieger (argued), Robert M. Giroux, Jr., Fieger, Fieger, Kenney & Johnson, Southfield, MI, Thomas Malapit, for Plaintiffs-Appellees.

Scott E. Shockley, Defur, Voran, Hanley, Radcliff & Reed, Muncie, IN, John F. Kautzman, Ruckelshaus, Roland, Hasbrook & O'Connor, Bradley L. Williams (argued), Ice Miller LLP, Indianapolis, IN, for Defendant-Appellant.

Before RIPPLE, MANION, and KANNE, Circuit Judges.

MANION, Circuit Judge.

Michael McKinney's father, Timothy McKinney, as representative of Michael's estate, sued Officer Duplain under 42 U.S.C. § 1983, alleging a claim of excessive force after Officer Duplain shot and killed Michael while responding to a 911 burglary-in-progress call. Officer Duplain moved for summary judgment based on qualified immunity. The district court denied the motion and Officer Duplain appeals. We dismiss for lack of jurisdiction.<...

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