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RASANEN v. DOE

Docket No. 12-680-cv.

723 F.3d 325 (2013)

Leroy J. RASANEN, As administrator of the estate of John C. Rasanen, deceased, Plaintiff-Appellant v. John DOE, Rhonda Roe, said names being fictitious and intended to represent all police officers taking part in the occurrence that resulted in decedent's death, James W. Dewar, John W. O'Brien, Keith M. Skala, Tyler R. Finn, Tammy M. Mickoliger, Rodney C. Polite, Alan T. Brock, Michael Etherton, David H. Verne, Scott G. Dibble, Robert A. Buell, Paul C. Antonovich, Timothy C. Pidgeon, Bartosz J. Chilicki, Michael A. Pellegrino, Defendants, Daniel Brown, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 19, 2013.

Attorney(s) appearing for the Case

Harry H. Kutner Jr., Esq. , Law Offices of Harry H. Kutner Jr., Mineola, N.Y., for Plaintiff-Appellant.

Won S. Shin , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Cecelia C. Chang , Deputy Solicitor General, of counsel) for Eric T. Schneiderman, Attorney General of the State of New York, New York, N.Y., for Defendant-Appellee.

Judge RAGGI dissents in a separate opinion.

CALABRESI, Circuit Judge:

Plaintiff-Appellant Leroy J. Rasanen is the father and estate administrator of John C. Rasanen, who was shot and killed by Defendant-Appellee Daniel Brown, a New York State Police trooper, during a (warranted) search of John Rasanen's home. Plaintiff began this action against Brown and others in May 2004. Plaintiff's September 2004 amended complaint alleged one cause of action under 42 U.S.C. § 1983 and another for negligence. Plaintiff...

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