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JOHNSON v. CITY OF PHILADELPHIA

No. 15-2346.

837 F.3d 343 (2016)

Geraldine JOHNSON, as Admnistratrix of the Estate of Kenyado D. Newsuan, Deceased Plaintiff, Appellant, v. CITY OF PHILADELPHIA, Police Officer Thomas Dempsey, Badge # 1577.

United States Court of Appeals, Third Circuit.

(Opinion Filed: September 20, 2016).

Attorney(s) appearing for the Case

Armando A. Pandola, Jr., Esq. [ARGUED], Alan E. Denenberg, Esq. , Abramson & Denenberg, P.C., 1315 Walnut St., 12th Floor, Philadelphia, PA 19107, Attorneys for Appellants.

Craig R. Gottlieb, Esq. [ARGUED], City of Philadelphia Law Department, 17th Floor, 1515 Arch Street, One Parkway, Philadelphia, PA 19102, Attorneys for Appellees.

Before: FUENTES, KRAUSE, and ROTH, Circuit Judges.

OPINION OF THE COURT

Kenyado Newsuan was standing in the street, naked, high on PCP, and yelling and flailing his arms. Philadelphia police officer Thomas Dempsey arrived on the scene and, without waiting for backup, ordered Newsuan to approach. What happened next is a matter of some dispute, but what happened at...

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