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ESTATE OF LARSEN EX REL. STURDIVAN v. MURR

No. 06-1094.

511 F.3d 1255 (2008)

ESTATE OF Lyle Eugene LARSEN, by and through Florence STURDIVAN, personal representative, Plaintiff-Appellant, v. Randy MURR, Gerald Whitman, Chief of Police of the City and County of Denver, and City and County of Denver, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 2, 2008.

Attorney(s) appearing for the Case

Andrew B. Reid, Walter L. Gerash Law Firm, P.C., Denver, CO, for Plaintiff-Appellant.

Thomas S. Rice (Brett A. McDaniel, Senter Goldfarb & Rice, L.L.C., and John Eckhardt, Assistant City Attorney, Office of the Denver City Attorney, with him on the brief), Senter Goldfarb & Rice, L.L.C., Denver, CO, for Defendants-Appellees.

Before MURPHY, HOLLOWAY, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Responding to a 911 emergency call, a Denver police officer shot and killed Lyle Eugene Larsen outside his home. Larsen's next of kin brought a 42 U.S.C. § 1983 suit against (1) the officer for excessive force in violation of the Fourth Amendment, and (2) the City and County of Denver and its police chief regarding the City's deadly force policy. The district court granted summary judgment against Larsen's Estate on all claims, and this...

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