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FLYTHE v. DISTRICT OF COLUMBIA

No. 14-7069.

791 F.3d 13 (2015)

Betty S. FLYTHE, Personally, and as Personal Representative of the Estate of Tremayne G. Flythe, Appellant v. DISTRICT OF COLUMBIA, a Municipal Corporation, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 19, 2015.

Attorney(s) appearing for the Case

Gregory L. Lattimer argued the cause for appellant. With him on the briefs was Ernest W. McIntosh, Jr.

Carl J. Schifferle , Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellees District of Columbia. With him on the brief were Eugene A. Adams , Interim Attorney General for the District of Columbia, Todd S. Kim , Solicitor General, and Loren L. AliKhan , Deputy Solicitor General.

Robert E. Deso argued the cause and filed the brief for appellee Travis Eagan.

Opinion for the Court filed by Circuit Judge TATEL.

In this civil action against two police officers and the District of Columbia, appellant Betty S. Flythe alleges that in violation of the Fourth Amendment and D.C. law, each officer assaulted her son and one killed him. Accepting as true the account of the officer who killed appellant's son, the district court found that the...

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