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STANTON v. ELLIOTT

No. 21-1197.

25 F.4th 227 (2022)

Jeffery L. STANTON, as Administrator of the Estate of Spencer Lee Crumbley, Deceased, Plaintiff-Appellant, v. Cory E. ELLIOTT, Trooper First Class, individually as member of the West Virginia State Police; James J. Cornelius, Trooper First Class, individually as member of the West Virginia State Police, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 1, 2022.

Attorney(s) appearing for the Case

ARGUED: James Anthony McKowen , JAMES F. HUMPHREYS & ASSOCIATES, L.C., Charleston, West Virginia, for Appellant. Michael Deering Mullins , STEPTOE & JOHNSON PLLC, Charleston, West Virginia, for Appellees. ON BRIEF: James F. Humphreys , JAMES F. HUMPHREYS & ASSOCIATES, LC, Charleston, West Virginia, for Appellant. Candace Haley Bunn , Robert L. Bailey , STEPTOE & JOHNSON PLLC, Charleston, West Virginia, for Appellees.

Reversed in part, affirmed in part, and remanded by published opinion. Judge Richardson wrote the opinion, in which Judge Quattlebaum and Chief District Judge Urbanski joined.

Spencer Lee Crumbley was shot dead by West Virginia State Trooper Cory Elliott. According to Trooper Elliot, he lost sight of Crumbley during a foot chase. When Trooper Elliott turned a corner, he saw Crumbley turned away from him. Crumbley then abruptly turned toward Trooper Elliott and began to raise his hands, causing...

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