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STAMPS v. TOWN OF FRAMINGHAM

No. 15-1141.

813 F.3d 27 (2016)

Eurie A. STAMPS, Jr., Co-administrator of the Estate of Eurie A. Stamps, Sr.; Norma Bushfan-Stamps, Co-administrator of the Estate of Eurie A. Stamps, Sr., Plaintiffs, Appellees, v. TOWN OF FRAMINGHAM; Paul K. Duncan, individually and in his official capacity as a police officer of the Framingham Police Department, Defendants, Appellants.

United States Court of Appeals, First Circuit.

February 5, 2016.

Attorney(s) appearing for the Case

Leonard H. Kesten , with whom Thomas R. Donohue , Deidre Brennan Regan , and Brody, Hardoon, Perkins & Kesten, LLP were on brief, for appellants.

Anthony Tarricone , with whom Joseph P. Musacchio , Kreindler & Kreindler, LLP, Anthony W. Fugate , and Bardouille and Fugate were on brief, for appellees.

Matthew R. Segal , Adriana Lafaille , Ezekiel Edwards , Ilya Shapiro , Benjamin Crump , Juan Cartagena , Jose Perez , Bradford M. Berry , and Anson Asaka , on brief for the American Civil Liberties. Union, American Civil Liberties Union of Massachusetts, Cato Institute, National Bar Association, LatinoJustice PRLDEF, and National Association for the Advancement of Colored People-New England Area Conference, amici curiae in support of appellees.

Before LYNCH, THOMPSON, and KAYATTA, Circuit Judges.

This civil rights case brought under 42 U.S.C. § 1983 arises from the tragic shooting death of an innocent, elderly, African-American man, Eurie Stamps, Sr. He was shot by a local police officer, Paul Duncan, during a SWAT team raid executing a search warrant for drugs and related paraphernalia

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