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SMITH v. LEPAGE

No. 15-11632.

834 F.3d 1285 (2016)

Estelle SMITH, as surviving spouse of Dirk Smith, et al. Plaintiffs-Appellees, Cross-Appellants, v. Richard L. LEPAGE, Jr., individually and in his official capacity as a Dekalb County Police Officer, et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

Date Filed: August 25, 2016.

Attorney(s) appearing for the Case

Lynn Hugh Whatley, Sr. , Whatley & Associates, PC, East Point, GA, Mary Katherine Durant, Durant Law, LLC, Tucker, GA, Alfonza Pearl , Law Office of Alfonza Pearl, Atlanta, GA, for Plaintiffs-Appellees-Cross Appellants.

Brenda Ann Raspberry , Laura Karen Johnson , Aaron Ross , DeKalb County Law Department, Decatur, GA, E. Charles Reed, Jr. , Freeman Mathis & Gary, LLP, Forest Park, GA, for Defendants-Appellants-Cross Appellees.

Before MARTIN and JORDAN, Circuit Judges, and COOGLER, District Judge.

This case results from a March 2010 encounter between DeKalb County police officers and Dirk Smith at his DeKalb County home. The officers ultimately shot and killed Mr. Smith, and this suit for damages was brought by his surviving wife and children. On the day he was killed, Mr. Smith broke into his own house because he had...

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