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CHAPPELL v. CITY OF CLEVELAND

No. 08-4456.

585 F.3d 901 (2009)

Dorothy CHAPPELL, Administratrix of the Estate of Deceased Brandon McCloud, Plaintiff-Appellee, v. CITY OF CLEVELAND, Defendant, Phillip Habeeb, Badge No. 381, Cleveland Police Department; John Kraynik, Badge No. 1517, Cleveland Police Department, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 4, 2009.

Attorney(s) appearing for the Case

ARGUED: Stephen W. Funk, Roetzel & Andress, Akron, Ohio, for Appellants. Terry H. Gilbert, Friedman & Gilbert, Cleveland, Ohio, for Appellee. ON BRIEF: Stephen W. Funk, Aretta Bernard, Roetzel & Andress, Akron, Ohio, W. Craig Bashein, Bashein & Bashein Co., Cleveland, Ohio, for Appellants. Terry H. Gilbert, Gordon S. Friedman, Friedman & Gilbert, Cleveland, Ohio, for Appellee.

Before: DAUGHTREY, SUTTON, and McKEAGUE, Circuit Judges.

OPINION

McKEAGUE, Circuit Judge.

This action arises from the tragic shooting by police officers of a fifteen-year old boy, Brandon McCloud, in his own bedroom. While conducting a protective sweep of a home in the early-morning darkness prior to executing a search warrant, the officers encountered a male suspect hiding in a bedroom closet. When they ordered him to come out and show his hands, the suspect came toward the officers with a knife upheld. When...

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