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FONTENOT v. TASER INTERN., INC.

No. 12-1617.

736 F.3d 318 (2013)

Tammy Lou FONTENOT, as Administratrix of the Estate of Darryl Wayne Turner, Plaintiff-Appellee, and Devoid Turner, Plaintiff, v. TASER INTERNATIONAL, INC., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 22, 2013.

Attorney(s) appearing for the Case

ARGUED: Pamela B. Petersen , Taser International, Inc., Scottsdale, Arizona, for Appellant.

John Christopher Burton , Law Offices of John Burton, Pasadena, California, for Appellee.

ON BRIEF: John R. Maley , Barnes & Thornburg LLP, Indianapolis, Indiana; Scott D. MacLatchie , Womble Carlyle Sandridge & Rice, Charlotte, North Carolina, for Appellant.

Charles A. Everage , Everage Law Firm, PLLC, Charlotte, North Carolina; Peter T. Cathcart , John F. Baker , Magaña, Cathcart & McCarthy, Los Angeles, California; Kenneth L. Harris , Ken Harris & Associates, PA, Charlotte, North Carolina; Peter M. Williamson , Williamson Law Firm, Woodland Hills, California, for Appellee.

Affirmed in part, vacated in part, and remanded by published opinion. Judge KEENAN wrote the majority opinion, in which Judge MOTZ joined. Chief Judge TRAXLER wrote a dissenting opinion.

BARBARA MILANO KEENAN, Circuit Judge:

Darryl Wayne Turner, age seventeen, died from cardiac arrest after a confrontation with police in which he was struck in the chest by electrical current emitted from a device commonly known as a "taser," manufactured by TASER International, Inc. (TI). The police officer who discharged the taser aimed the device at Turner's chest based on training provided by the Charlotte Mecklenburg Police Department (CMPD or the department)...

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