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TERRELL v. SMITH

No. 10-14908.

668 F.3d 1244 (2012)

Thomas E. TERRELL, as Personal Representative of the Estate of Aaron F. Zylstra, Deceased, Karen Terrell, as the natural parent of Aaron F. Zylstra, John Zylstra, Plaintiffs-Appellees, v. Steve SMITH, individually and in his official capacity as a duly appointed Police Officer of the City of Palm Bay, Florida, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 30, 2012.

Attorney(s) appearing for the Case

J. Edwin Mills , Law Office of J. Edwin Mills, James E. Taylor, Jr. , Orlando, FL, for Plaintiffs-Appellees.

Andrew Ian Dayes , Donovan Adam Roper , Roper & Roper, PA, Apopka, FL, for Defendant-Appellant.

Before HULL, MARCUS and BLACK, Circuit Judges.

MARCUS, Circuit Judge:

In this civil rights case, Officer Stephan Smith of the City of Palm Bay Police Department appeals the district court's denial of his motion for summary judgment on the basis of qualified immunity. Tragically, Smith used lethal force against Aaron Zylstra in a fast-paced, unfolding scenario in the early morning hours of June 8, 2007, after Zylstra failed to follow Smith's commands and attempted to flee in a vehicle that struck Smith in the process...

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