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HUNDLEY v. DISTRICT OF COLUMBIA

Nos. 05-7152, 05-7161.

494 F.3d 1097 (2007)

Carl HUNDLEY, as the Personal Representative of the Estate of Brian E. Hundley, Appellee/Cross-Appellant, and Lynne T. Hundley, Appellee v. DISTRICT OF COLUMBIA, et al., Appellants/Cross-Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 2007.

Attorney(s) appearing for the Case

Holly M. Johnson, Section Chief, Office of Attorney General for the District of Columbia, argued the cause for appellants/cross-appellees. With her on the briefs were Robert J. Spagnoletti, Attorney General, Todd S. Kim, Solicitor General, and Edward E. Schwab, Deputy Solicitor General.

Gregory L. Lattimer argued the cause for appellees/cross-appellant. With him on the briefs were Janell M. Byrd and Donald M. Temple.

Before: GINSBURG, Chief Judge, and RANDOLPH and KAVANAUGH, Circuit Judges.

KAVANAUGH, Circuit Judge:

In the middle of a night in March 2002, Brian Hundley and a woman were in a car parked outside an apartment complex in Washington, D.C. Off-duty Metropolitan Police Department Officer Marcus Gaines tapped on the window of the car as he walked past. Hundley, who was in the driver's seat, began to drive the car in the direction of Officer Gaines. Officer Gaines pulled his gun, yelled "police," and ordered Hundley to stop and get out of the...

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