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McKENNEY v. MANGINO

No. 17-1378.

873 F.3d 75 (2017)

Vicki McKENNEY, individually and as next friend of Stephen McKenney, and as personal representative of the estate of Stephen McKenney, Plaintiff, Appellee, v. Nicholas MANGINO, Defendant, Appellant, Cumberland County et al., Defendants.

United States Court of Appeals, First Circuit.

October 6, 2017.

Attorney(s) appearing for the Case

Peter T. Marchesi , with whom Cassandra S. Shaffer and Wheeler & Arey, P.A. were on brief, for appellant.

Jamesa J. Drake , with whom Drake Law, LLC, Amber L. Tucker , and The Law Office of Amber L. Tucker, LLC were on brief, for appellee.

Before Howard, Chief Judge, Selya and Lipez, Circuit Judges.

This is a tragic case in which a man died at the hands of a police officer who was trying to do his job. The underlying suit alleges, in relevant part, that the officer violated 42 U.S.C. § 1983 through the precipitous use of deadly force. In a pretrial ruling, the district court...

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