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ESTATE OF ARMSTRONG v. VILLAGE OF PINEHURST

No. 15-1191.

810 F.3d 892 (2016)

The ESTATE OF RONALD H. ARMSTRONG, by and through his Administratrix, Jinia ARMSTRONG Lopez, Plaintiff-Appellant, v. The VILLAGE OF PINEHURST; Officer Jerry McDonald, in his official and individual capacity; OFFICER TINA S. SHEPPARD, in her official and individual capacity; Officer Arthur Lee Gatling, Jr., in his official and individual capacity, Defendants-Appellees, and Taser International, Inc., Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: January 11, 2016.

Attorney(s) appearing for the Case

ARGUED: Karonnie R. Truzy , CRUMLEY ROBERTS, LLP, Greensboro, North Carolina, for Appellant. Dan McCord Hartzog , CRANFILL SUMNER & HARTZOG LLP, Raleigh, North Carolina, for Appellees. ON BRIEF: David J. Ventura , CRUMLEY ROBERTS, LLP, Charlotte, North Carolina, for Appellant. Dan M. Hartzog, Jr. , CRANFILL SUMNER & HARTZOG LLP, Raleigh, North Carolina; Michael J. Newman , VAN CAMP, MEACHAM & NEWMAN PLLC, Pinehurst, North Carolina, for Appellees.

Affirmed by published opinion. Judge THACKER wrote the opinion, in which Judge KEENAN joined. Judge WILKINSON wrote a separate opinion concurring in part.

The Estate of Ronald H. Armstrong ("Appellant" when referring to the estate, or "Armstrong" when referring to the decedent) appeals an order granting summary judgment to the Village of Pinehurst, North Carolina, and Lieutenant Jerry McDonald, Sergeant Tina Sheppard, and Officer Arthur Gatling, Jr., of the Pinehurst Police...

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