FENWICK v. PUDIMOTT

No. 13-5130.

778 F.3d 133 (2015)

Michael FENWICK, Appellee v. Andrew PUDIMOTT and Jeremy Fischer, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 13, 2015.


Attorney(s) appearing for the Case

W. Mark Nebeker , Assistant U.S. Attorney, argued the cause for appellants. With him on the briefs were Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

David L. Shurtz argued the cause and filed the briefs for appellee Michael Fenwick.

Opinion for the Court filed by Circuit Judge TATEL.


In this damages action against three deputy federal marshals, the plaintiff alleges that the officers violated the Fourth Amendment when they used deadly force against him. The officers moved for summary judgment based on qualified immunity, the district court denied the motion, and the officers now appeal. We reverse. Under...

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