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CUNNINGHAM v. SHELBY COUNTY, TENNESSEE

No. 20-5375.

994 F.3d 761 (2021)

Jason CUNNINGHAM, individually and as adult natural son and sole wrongful death beneficiary and next of kin, affiant and administrator ad litem and personal representative for Nancy Jane Lewellyn, Deceased, and Estate of Nancy Jane Lewellyn, Plaintiff-Appellee, v. SHELBY COUNTY, TENNESSEE; Sheriff William Oldham, Defendants, Robert Paschal and Marvin Wiggins, individually and in their official capacities as Shelby County Sheriff's Deputies, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 19, 2021.

Attorney(s) appearing for the Case

ARGUED: E. Lee Whitwell , SHELBY COUNTY ATTORNEY'S OFFICE, Memphis, Tennessee, for Appellants. Daniel A. Seward , SEWARD LAW FIRM, Memphis, Tennessee, for Appellee. ON BRIEF: E. Lee Whitwell , John Marshall Jones , SHELBY COUNTY ATTORNEY'S OFFICE, Memphis, Tennessee, for Appellants. Daniel A. Seward , SEWARD LAW FIRM, Memphis, Tennessee, for Appellee.

Before: NORRIS, SUTTON, and KETHLEDGE, Circuit Judges.

OPINION

This appeal has its origins in the fatal shooting of Nancy Lewellyn by Shelby County, Tennessee, deputy sheriffs Robert Paschal and Marvin Wiggins. The representative of Lewellyn's estate filed this action pursuant to 42 U.S.C. § 1983, alleging that the deputies used excessive force in violation...

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