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RAMÍREZ-LLUVERAS v. RIVERA-MERCED

Nos. 11-2339, 13-1169.

759 F.3d 10 (2014)

Evelyn RAMÍREZ-LLUVERAS; Jenitza Cáceres, represented by Evelyn Ramírez-Lluveras; M.C., represented by Evelyn Ramírez-Lluveras; M.A.C., represented by Evelyn Ramírez-Lluveras, Plaintiffs, Appellees/Cross-Appellants, v. Edwin RIVERA-MERCED; Pedro Toledo-Dávila; Lieutenant Víctor Cruz-Sánchez; Sergeant Rafael Figueroa-Solís; Sergeant Juan Colón-Báez, Defendants, Appellants/Cross-Appellees, Javier Pagán-Cruz; Carlos Sustache-Sustache; Zulma Díaz; Miguel Vázquez-San Antonio; John Does A-Z, Rep. Employees, Contractors, or Agents of the P.R. Police Department, Defendants.

United States Court of Appeals, First Circuit.

July 14, 2014.

Attorney(s) appearing for the Case

Susana I. Peñagarícano-Brown , Assistant Solicitor General, with whom Margarita L. Mercado-Echegaray , Solicitor General, was on brief, for appellants/cross-appellees.

Judith Berkan , with whom Mary Jo Méndez and Berkan/Méndez were on brief, for appellees/cross-appellants.

Before LYNCH, Chief Judge, TORRUELLA and KAYATTA, Circuit Judges.

LYNCH, Chief Judge.

This tragic case arises out of the unwarranted shooting death of a civilian, Miguel A. Cáceres-Cruz, in Puerto Rico by an on-duty police officer, Javier Pagán-Cruz. Plaintiffs, the victim's surviving wife and children, sued Pagán, his two fellow officers on the scene, and five supervisors under 42 U.S.C. § 1983 for violating the decedent's Fourth Amendment rights by causing his wrongful death.

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