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SHUMPERT v. CITY OF TUPELO

No. 17-60774.

905 F.3d 310 (2018)

Peggy SHUMPERT, Individually, and as Administrator of the Estate of Antwun Shumpert, Sr., and on behalf of the heirs and wrongful death beneficiaries of Antwun "Ronnie" Shumpert, Sr., Deceased; Charles Foster; the Estate of Antwun Shumpert, Sr., Plaintiffs-Appellants v. CITY OF TUPELO, Mississippi; Officer Tyler Cook, in his individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Revised September 25, 2018.

Attorney(s) appearing for the Case

Carlos Eugene Moore, Esq. , Moore Law Office, P.L.L.C., Grenada, MS, Michael Stephen Carr, Esq. , Carr Law Firm, Cleveland, MS, for Plaintiffs-Appellants.

John Samuel Hill, Esq. , Mitchell, McNutt & Sams, P.A., Tupelo, MS, Berkley Neal Huskison, Esq. , Mitchell McNutt & Sams, Columbus, MS, for Defendant-Appellee, City of Tupelo, Mississippi.

Jason D. Herring , Michael Spencer Chapman , General Attorney, Herring Chapman, P.A., Tupelo, MS, for Defendant-Appellee.

Before STEWART Chief Judge, and WIENER and HIGGINSON, Circuit Judges.

Plaintiffs-Appellants appeal the district court's grant of summary judgment dismissing their Fourth Amendment, 42 U.S.C. § 1983 excessive force and state law claims against Defendants-Appellees, the City of Tupelo and Officer Cook. Plaintiffs also appeal the district court's grant of Defendants' motion for sanctions and...

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