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PAULY v. WHITE

No. 14-2035.

874 F.3d 1197 (2017)

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.

Filed October 31, 2017.

Attorney(s) appearing for the Case

Mark D. Jarmie ( Mark D. Standridge , on the brief), of Jarmie & Associates, Las Cruces, New Mexico, for Defendants-Appellants.

Lee R. Hunt , Hunt & Marshall, Santa Fe, New Mexico ( Pierre Levy , O'Friel and Levy, P.C., Santa Fe, New Mexico, 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 who were 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...

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