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THAO v. CITY OF ST. PAUL

No. 06-2339.

481 F.3d 565 (2007)

Yeng THAO; Peter Yang; Michelle Yang, as co-trustees for the heirs and next of kin of Ki Yang, deceased, Plaintiffs-Appellants, v. CITY OF ST. PAUL, a municipal corporation; St. Paul Police Department, a public entity; William Finney, an individual; John M. Harrington, an individual; Michael Tharalson, an individual; Shannon Sills, an individual; Patrick Kellerman, an individual; John Does 1-5, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 2, 2007.

Attorney(s) appearing for the Case

Joseph Margulies, argued, MacArthur Justice Center, Northwestern University Law School, Chicago, IL, for appellants.

James F.X. Jerskey, argued, Assistant City Attorney, St. Paul, MN, for appellee.

Before COLLOTON, BRIGHT, and GRUENDER, Circuit Judges.

BRIGHT, Circuit Judge.

A St. Paul police officer shot and killed Ki Yang ("Mr.Yang"), a paranoid schizophrenic, in his home after Mr. Yang's family requested assistance from 911 and a threatening incident ensued. Appellants, co-trustees for the estate of Mr. Yang ("Plaintiffs"), filed a lawsuit against the City of St. Paul, the St. Paul Police Department, and certain police officers (collectively, "Defendants") under Section 1983 of the Civil Rights Act of 1871, 42...

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