The ESTATE OF Marquez SMART, BY Randall SMART and Brenda Bryant as Administrators of the Estate of Marquez Smart, deceased; Randall Smart and Brenda Bryant as heirs of Marquez Smart, deceased, Plaintiffs-Appellants,
v.
The CITY OF WICHITA; Police Officers Lee Froese and Aaron Chaffee, in their individual and official capacities, Defendants-Appellees.
American Civil Liberties Union; American Civil Liberties Union of Kansas; CATO Institute; Karen M. Blum, Scholars of the Law of Qualified Immunity; Alan K. Chen, Scholars of the Law of Qualified Immunity; Barry Friedman, Scholars of the Law of Qualified Immunity; John F. Preis, Scholars of the Law of Qualified Immunity; Alexander A. Reinert; Joanna C. Schwartz, Scholars of the Law of Qualified Immunity; Martin A. Schwartz, Scholars of the Law of Qualified Immunity; International Municipal Lawyers Association, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
FILED February 26, 2020.
FILED February 26, 2020.
Attorney(s) appearing for the Case
Amir H. Ali , Roderick & Solange MacArthur Justice Center, Washington, D.C. ( Andrew B. Protzman and Ben Stelter-Embry , Protzman Law Firm, LLC, Kansas City, Missouri; Bradley D. Kuhlman , Kuhlman & Lucas, LLC, Kansas City, Missouri; David M. Shapiro , Roderick & Solange MacArthur Justice Center, Chicago, Illinois, with him on the briefs), for Plaintiffs-Appellants.
Samuel A. Green ( J. Steven Pigg with him on the brief), Fisher, Patterson, Sayler & Smith, L.L.P., Topeka, Kansas, for Defendants-Appellees.
Lauren Bonds , ACLU Foundation of Kansas, Overland Park, Kansas, and Jay R. Schweikert , CATO Institute, Washington, D.C., filed an amicus brief on behalf of The American Civil Liberties Union, American Civil Liberties Union of Kansas, and CATO Institute in support of Appellants.
Christopher D. Balch , The Balch Law Group, Atlanta, Georgia, filed an amicus brief on behalf of the International Municipal Lawyers Association in support of Appellees.
Before BACHARACH, McHUGH, and EID, Circuit Judges.
McHUGH, Circuit Judge.
In the early morning hours of March 10, 2012, as hundreds of people emptied out of bars and concert venues in Wichita's Old Town neighborhood at closing time, Wichita Police Officers Lee Froese and Aaron Chaffee fatally shot Marquez Smart. Mr. Smart's estate and heirs sued the City of Wichita, along with Officers Froese and...
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