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ELLISON v. LESHER

No. 13-3371.

796 F.3d 910 (2015)

Troy ELLISON, as Personal Representative of the Estate of Eugene Ellison, deceased, Plaintiff-Appellee, v. Donna LESHER, individually and in her official capacity; Tabitha McCrillis, individually and in her official capacity, Defendants-Appellants, Stuart Thomas, individually and in his official capacity; City of Little Rock, a municipality; Big Country Chateau Apartments, a corporation, doing business as Big Country Chateau, LLC; Carl Schultz, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: August 6, 2015.

Rehearing and Rehearing En Banc Denied September 16, 2015.

Attorney(s) appearing for the Case

Thomas Milton Carpenter , argued, William Clark Mann, III , on the brief, Little Rock, AR, for Plaintiff-Appellee.

Michael J. Laux , argued, San Francisco, CA, ( G. Fling Taylor , Ben H. Elson , Michael E. Deutsch of Chicago, IL, on the brief), for Defendants-Appellants.

Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges.

On December 9, 2010, Officer Donna Lesher and Detective Tabitha McCrillis of the Little Rock Police Department, while working off duty, were patrolling the Big Country Chateau apartments in Little Rock. As events unfolded, Lesher shot and killed a 67-year-old resident named Eugene Ellison in his apartment. Troy Ellison,...

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