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CORDOVA v. ARAGON

No. 08-1222.

569 F.3d 1183 (2009)

Tracey CORDOVA, Morgan Douthwit and Divinity Cordova, Plaintiffs-Appellants, v. Derek ARAGON and City of Commerce City, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 17, 2009.

Attorney(s) appearing for the Case

Brice A. Tondre, Lakewood, CO, for Plaintiffs-Appellants.

Thomas S. Rice (Elliot J. Scott with him on the brief), Senter Goldfarb & Rice, L.L.C., Denver, CO, for Defendants-Appellees.

Before O'BRIEN, ANDERSON and McCONNELL Circuit Judges.

McCONNELL, Circuit Judge.

Toby Cordova was shot and killed while fleeing from police in an early-morning car chase in Commerce City, Colorado. His survivors brought this 42 U.S.C. § 1983 action against Officer Derek Aragon and Commerce City, alleging that Officer Aragon had violated Mr. Cordova's Fourth Amendment rights by using excessive force to end the police chase. Officer Aragon asserted qualified immunity and the defendants filed a motion for summary judgment...

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