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CALLAHAN v. WILSON

No. 16-336-cv August Term, 2016.

863 F.3d 144 (2017)

Christopher CALLAHAN, Individually and as Administrator d.b.n. of the Estate of Kevin Callahan, Patricia Callahan, Individually, Plaintiffs-Appellants, v. Police Officer Thomas WILSON, #5675, Sergeant Scott Greene, #960, Defendants-Appellees, The County of Suffolk, Detective Rivera, Detective O'Hara, John Doe, Suffolk County Police Officers #1-10, Richard Roe, Suffolk County Employees #1-10, Police Officer Robert Kirwan, #2815, Police Officer James Bowen, #1294, Detective Sergeant Thomas M. Groneman, Detective Lieutenant Gerard Pelkofsky, Defendants.

United States Court of Appeals, Second Circuit.

Decided: July 12, 2017.

Attorney(s) appearing for the Case

DONNA ALDEA ( Alexander R. Klein , on the brief), Barket Marion Epstein & Kearon, LLP, Garden City, NY, for Plaintiffs-Appellants.

BRIAN C. MITCHELL , Assistant County Attorney, for Dennis M. Brown, Suffolk County Attorney, Hauppauge, NY, for Defendants-Appellees.

Judge RAGGI concurs in part and dissents in part in a separate opinion.

On September 20, 2011, Kevin Callahan ("Callahan") was shot and killed during a confrontation with Thomas Wilson, a police officer employed by Suffolk County, New York. Christopher and Patricia Callahan — the decedent's brother and mother — filed this suit pursuant to 42 U.S.C. § 1983 against Wilson, other...

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