No. 14-2035.

814 F.3d 1060 (2016)

Daniel T. PAULY, as personal representative of the estate of Samuel Pauly, deceased; Daniel B. Pauly, Plaintiffs-Appellees, v. Ray WHITE; Michael Mariscal; Kevin Truesdale, Defendants-Appellants, and State of New Mexico, Department of Public Safety, Defendant.

United States Court of Appeals, Tenth Circuit.

February 9, 2016.

Attorney(s) appearing for the Case

Matthew D. Bullock ( Mark D. Jarmie on the briefs) of Jarmie & Associates, Albuquerque, NM, for Defendants-Appellants.

Lee R. Hunt of Lee Hunt Law, LLC, Santa Fe, NM ( Daniel J. O'Friel and Pierre Levy of O'Friel and Levy, P.C., with him on the brief), for Plaintiffs-Appellees.

Before PHILLIPS, SEYMOUR, and MORITZ, Circuit Judges.

On a dark and rainy night in October 2011, Samuel Pauly was shot to death through the window of his rural New Mexico home by one of three state police officers investigating an earlier road rage incident on Interstate 25 involving his brother. On behalf of Samuel Pauly's estate, his father filed a civil rights action against...

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