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HENNING v. O'LEARY

No. 06-2378.

477 F.3d 492 (2007)

Aliyana M. HENNING, Estate of Garrett D. Henning, Dean C. Henning, et al., Plaintiffs-Appellants, v. Timothy J. O'LEARY, Michael Blaser, Scott Peterson, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 16, 2007.

Attorney(s) appearing for the Case

James W. McCann (argued), Koch & McCann, Milwaukee, WI, for Plaintiff-Appellant.

Kevin P. Reak (argued), Gunta & Reak, Milwaukee, WI, for Defendant-Appellee.

Before EASTERBROOK, Chief Judge, and POSNER and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

During a scuffle triggered by his efforts to resist arrest, Garrett Henning was shot and killed by Timothy O'Leary, a City of Janesville police officer. Henning's daughter Aliyana, his parents, and his estate (the Hennings) brought an action under 42 U.S.C. § 1983, alleging that O'Leary, two other police officers, and the City of Janesville violated Henning's Fourth Amendment rights and their right as his relatives to society...

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