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EL v. CITY OF PITTSBURGH

No. 18-2856.

975 F.3d 327 (2020)

Will EL, an adult individual; Beyshaud El, an adult individual v. CITY OF PITTSBURGH, a municipal Corporation; Reyne Kacsuta, Individually, and in her official capacities, as a police officer of the City of Pittsburgh; Frank Welling, Individually, and in his official capacities, as a police officer of the City of Pittsburgh; Ryan Warnock, Individually, and in his official capacities, as a police officer of the City of Pittsburgh; District Attorney Allegheny County Frank Welling; Reyne Kacsuta; Ryan Warnock, Appellants.

United States Court of Appeals, Third Circuit.

Filed: September 16, 2020.

Attorney(s) appearing for the Case

Yvonne S. Hilton , Julie E. Koren [ARGUED], City of Pittsburgh, Department of Law, 414 Grant Street, 313 City County Building, Pittsburgh, PA 15219, Counsel for Appellants.

Todd J. Hollis [ARGUED], Hollis Law Offices, 428 Forbes Avenue, Suite 505, Pittsburgh, PA 15219, Counsel for Appellees.

Before: PHIPPS, RENDELL and FISHER, Circuit Judges.

OPINION OF THE COURT

On a summer day in 2013, brothers Will and Beyshaud El left a corner store in their neighborhood and encountered Pittsburgh Police Lieutenant Reyne Kacsuta. The men were unarmed and were not committing a crime. Nor did they flee or resist Lieutenant Kacsuta or the five other officers who quickly...

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