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KENNEY v. FLOYD

No. 12-1631.

700 F.3d 604 (2012)

David T. KENNEY, Executor of the Estate of Liko Peter Kenney, Plaintiff, Appellant, v. Gregory Willis FLOYD; Mark R. Montminy, in his individual and official capacities as Police Chief of Franconia, NH; Mark Taylor, in his individual and official capacities as Police Sergeant of Franconia, NH; Norman Bruce McKay, in his official capacity as Police Corporal of Franconia, NH, posthumously; Franconia, New Hampshire Board of Selectmen, Defendants, Appellees.

United States Court of Appeals, First Circuit.

November 30, 2012.

Attorney(s) appearing for the Case

Harold Burbank on brief for appellant.

Daniel J. Mullen and Ransmeier & Spellman P.C. on brief for appellees.

Before LYNCH, Chief Judge, BOUDIN, Circuit Judge, and WOODLOCK, District Judge.

LYNCH, Chief Judge.

In May of 2007, there were two shooting deaths, one of a civilian, Liko Kenney, and one of a police officer, Bruce McKay, following traffic stops in Franconia, New Hampshire. Kenney shot Officer McKay four times and ran over him twice with his car. Thereafter, a witness to the shooting, Gregory Floyd, approached Kenney and asked him to drop his weapon. When Kenney refused, Floyd shot and killed Kenney, fearing that Kenney might shoot Floyd or his...

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