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CAPPS v. OLSON

No. 14-1782.

780 F.3d 879 (2015)

Jerry CAPPS; Jaylene Capps, in their individual capacities and as Personal Representatives of the Estate of Christopher Capps, Plaintiffs-Appellees v. David OLSON, in his individual capacity; Pennington County, a political subdivision of the State of South Dakota, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: March 16, 2015.

Attorney(s) appearing for the Case

Terry G. Westergaard , argued, ( Michael Martin Hickey , Terry L. Hofer , Sarah Elizabeth Baron Houy , Eric J. Pickar , on the brief), Rapid City, SD, for Plaintiffs-Appellees.

Jeffrey Robert Connolly , argued, ( James S. Nelson , on the brief), Rapid City, SD, for Defendants-Appellants.

Before MURPHY, MELLOY, and BENTON, Circuit Judges.

Sheriff's Deputy David Olson shot and killed Christopher Capps (Capps). Capps's parents, Jerry and Jaylene Capps, sued Deputy Olson for using excessive force against their son in violation of 42 U.S.C. § 1983. Deputy Olson alleges Capps was charging towards him with a weapon at the time of the shooting. Capps's parents...

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