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WHITTIER v. KOBAYASHI

No. 08-12998.

581 F.3d 1304 (2009)

Marlene WHITTIER, as Personal Representative of the Estate of Anthony Diotaiuto deceased and individually, Andrew Diotaiuto, Plaintiffs-Appellees, v. Daniel KOBAYASHI, individually, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 31, 2009.

Attorney(s) appearing for the Case

Scott D. Alexander, Johnson Anselmo Murdoch Burke Piper & McDuff, Ft. Lauderdale, FL, for Defendant-Appellant.

Terrence P. Collingsworth, Conrad & Scherer, Washington, DC, Janine Kalagher McGuire, Conrad & Scherer, Ft. Lauderdale, FL, for Plaintiffs-Appellees.

Before EDMONDSON, BLACK and SILER, Circuit Judges.

PER CURIAM:

Daniel Kobayashi, an officer with the City of Sunrise, Florida, Police Department, appeals the district court's order denying in part his motion for summary judgment. Kobayashi was a member of a Special Weapons and Tactics (SWAT) team that conducted a raid on Plaintiff-Appellee Marlene Whittier's home, which she shared with her son, Anthony Diotaiuto. During the raid, Diotaiuto was shot and killed. Whittier brought a 42 U.S.C. § 1983 action, both...

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