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AIPPERSPACH v. McINERNEY

No. 13-2942.

766 F.3d 803 (2014)

Noelle Roselyn AIPPERSPACH, as Personal Representative of the Estate of Mahir S. Al-Hakim, deceased, Plaintiff-Appellant v. Patrick McINERNEY, in his official capacity as Board President, Kansas City Board of Police Commissioners, et al, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 5, 2014.

Attorney(s) appearing for the Case

Robert C. Sullivan , Sullivan Law, Kansas City, MO, argued, for appellant Noelle Roselyn Aipperspach.

P. Benjamin Cox , Asst. Atty. Gen., Kansas City, MO, argued ( Chris Koster , Atty. Gen., Jefferson City, MO, on the brief), for appellees Pat McInerney, Alvin Brooks, Angela Wasson-Hunt, Lisa Pelofsky, Sly James, and Robbie McCaughian.

Christopher L. Heigele , Coronado Katz LLC, Kansas City, MO, argued ( Steven F. Coronado , on the brief), for appellees City of Riverside, Gregory Mills , Matthew J. Westrich , and Trevor J. Ballard.

Before LOKEN, MURPHY, and KELLY, Circuit Judges.

LOKEN, Circuit Judge.

Surrounded by police officers from multiple jurisdictions in a wooded ravine in Riverside, Missouri, Mahir S. Al-Hakim was fatally shot by several officers when he refused repeated demands to drop the gun he was holding, and waved the gun in the direction of many officers after losing his balance. Al-Hakim's sister, Noelle, the personal representative of his estate, brought this 42 U.S.C. § 1983 action asserting official and individual capacity...

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