Salvatore J. CULOSI, personally and as personal representative and administrator of the estate of Dr. Salvatore J. Culosi, deceased; Anita L. Culosi, personally and as personal representative and administrator of the estate of Dr. Salvatore J. Culosi, Plaintiffs-Appellees,
v.
Deval BULLOCK, Officer, individually and in his official capacity as Fairfax County Police Officer, Defendant-Appellant, and
Fairfax County, Virginia; David M. Rohrer, Colonel, in his official capacity as Chief of Police; James Kellam, individually and in his official capacity; United States of America, Defendants.
Salvatore J. Culosi, personally and as personal representative and administrator of the estate of Dr. Salvatore J. Culosi, deceased; Anita L. Culosi, personally and as personal representative and administrator of the estate of Dr. Salvatore J. Culosi, Plaintiffs-Appellants,
v.
Fairfax County, Virginia; James Kellam, individually and in his official capacity; David M. Rohrer, Colonel, in his official capacity as Chief of Police, Defendants-Appellees, and
United States of America; Deval Bullock, Officer, individually and in his official capacity as Fairfax County Police Officer, Defendants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: October 28, 2009.
Decided: February 22, 2010.
Attorney(s) appearing for the Case
ARGUED: David John Fudala, Surovell, Markle, Isaacs & Levy, Fairfax, Virginia, for Deval Bullock, Officer, individually and in his official capacity as Fairfax County Police Officer. Michael S. Lieberman, Dimuroginsberg, PC, Alexandria, Virginia, for Salvatore J. Culosi, personally and as personal representative and administrator of the estate of Dr. Salvatore J. Culosi, deceased, and Anita L. Culosi, personally and as personal representative and administrator of the estate of Dr. Salvatore J. Culosi. Ann Gouldin Killalea, County Attorney's Office, Fairfax, Virginia, for Fairfax County, Virginia, James Kellam, individually and in his official capacity, and David M. Rohrer, Colonel, in his official capacity as Chief of Police. ON BRIEF: Bernard J. DiMuro, Dimuroginsberg, PC, Alexandria, Virginia, for Salvatore J. Culosi, personally and as personal representative and administrator of the estate of Dr. Salvatore J. Culosi, deceased, and Anita L. Culosi, personally and as personal representative and administrator of the estate of Dr. Salvatore J. Culosi. David P. Bobzien, County Attorney, County Attorney's Office, Fairfax, Virginia, for Fairfax County, Virginia, James Kellam, individually and in his official capacity, and David M. Rohrer, Colonel, in his official capacity as Chief of Police.
Dismissed by published opinion. Judge DAVIS wrote the opinion, in which Judge KING and Judge SHEDD concurred.
United States Court of Appeals, Fourth Circuit.
OPINION
DAVIS, Circuit Judge:
The underlying claims at issue in these appeals, asserted pursuant to 42 U.S.C. § 1983 and state law, arise out of the fatal shooting of an arrestee by a Fairfax County, Virginia, police officer. Defendant Deval Bullock, the officer who fired the fatal shot, noted an interlocutory appeal in No. 09-1042 from the district court's denial of summary judgment on the ground of...
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