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JAVIER v. CITY OF MILWAUKEE

No. 10-3816.

670 F.3d 823 (2012)

Estrella Adela JAVIER and Daniela Javier, minor children of Wilbert Javier Prado, appearing by guardian ad litem Ernesto Romero, and Estate of Wilbert Javier Prado, by Patricia D. Jursik, special administrator, Plaintiffs-Appellants, v. CITY OF MILWAUKEE, a Wisconsin Municipal Corporation, Defendant-Appellee, and Estate of Alfonzo C. Glover, Defendant.

United States Court of Appeals, Seventh Circuit.

Decided March 2, 2012.

Attorney(s) appearing for the Case

Megan A. Senatori (argued), Attorney, Dewitt, Ross & Stevens S.C., Madison, WI, for Plaintiffs-Appellants.

Jan A. Smokowicz (argued), Attorney, Milwaukee City Attorney's Office, Milwaukee, WI, for Defendant-Appellee.

Before EASTERBROOK, Chief Judge, and FLAUM and SYKES, Circuit Judges.

SYKES, Circuit Judge.

Alfonzo Glover, an off-duty Milwaukee police officer, fired nineteen shots at Wilbert Javier Prado in a late-night encounter that began when Prado tailgated Glover as he was driving home after his 4 p.m.-to-midnight shift. Eight of the shots hit Prado; he died at the scene. Glover was placed on desk duty.

At an inquest hearing, Glover testified that Prado tailed him, tried to run him over, and brandished a gun, so he pursued Prado and...

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