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ESTATE OF SMITHERS EX REL. NORRIS v. CITY OF FLINT

No. 09-1164.

602 F.3d 758 (2010)

ESTATE OF Leon SMITHERS, by his Personal Representative, Homer NORRIS, Jr.; Alan Sharp; Robert Bonner, Plaintiffs-Appellants, v. CITY OF FLINT; Terrance Walker; Brian Murphree, Officers; Gacia, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 21, 2010.

Attorney(s) appearing for the Case

ARGUED: James M. Cull, Cull & Cull, Southfield, Michigan, for Appellants. Michael J. Gildner, Simen, Figura & Parker, P.L.C., Flint, Michigan, I'Lanta M. Robbins, City of Flint Law Department, Flint, Michigan, for Appellees. ON BRIEF: James M. Cull, Cull & Cull, Southfield, Michigan, for Appellants. Michael J. Gildner, Simen, Figura & Parker, P.L.C., Flint, Michigan, I'Lanta M. Robbins, City of Flint Law Department, Flint, Michigan, for Appellees.

Before MARTIN and GIBBONS, Circuit Judges; MARBLEY, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Plaintiffs Alan Sharp, Robert Bonner, and the estate of Leon Smithers appeal the district court's dismissal of their claims against Officers Brian Murphree and Terrance Walker and the City of Flint, Michigan alleging constitutional violations pursuant to 42 U.S.C. §§ 1983, 1985(2) & (3), regarding the events surrounding the fatal shooting of Smithers and the injury of Sharp and Bonner. The officers...

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