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ESTATE OF VALVERDE BY AND THROUGH PADILLA v. DODGE

No. 19-1255.

967 F.3d 1049 (2020)

ESTATE OF Joseph VALVERDE, BY AND THROUGH Isabel PADILLA, as personal representative, Plaintiff-Appellee, v. Justin DODGE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED July 30, 2020.

Attorney(s) appearing for the Case

Michele A. Horn ( Wendy J. Shea and Conor D. Farley , with her on the briefs), Denver City Attorney's Office, Denver, Colorado, for Defendant-Appellant.

Eric Valenzuela ( Dale K. Galipo , with him on the brief), Law Offices of Dale K. Galipo, Woodland Hills, California, for Plaintiff-Appellee.

Before HARTZ, MATHESON, and CARSON, Circuit Judges.

Denver Police Sergeant Justin Dodge fatally shot Joseph Valverde after he saw Valverde pull out a gun as a SWAT team arrived to arrest him after an undercover drug transaction. Plaintiff Isabel Padilla, as personal representative of Valverde's estate, sued Dodge under 42 U.S.C. § 1983, asserting that Dodge used excessive...

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