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PALMA v. JOHNS

No. 21-3315.

27 F.4th 419 (2022)

Salvatore PALMA, Jr., individually and as administrator of the estate of Vincent Dominic Palma; Melissa Palma; Alisha Palma, Plaintiffs-Appellants, v. Matthew JOHNS, Deputy Sheriff, in his individual and official capacity as an employee of the Ashtabula County Sheriff's Department; Ashtabula County, Ohio, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 28, 2022.

Attorney(s) appearing for the Case

ARGUED: Richard J. Perez , PEREZ LAW, Willoughby, Ohio, for Appellants. Timothy T. Reid , MANSOUR GAVIN LPA, Cleveland, Ohio, for Appellees. ON BRIEF: Richard J. Perez , PEREZ LAW, Willoughby, Ohio, Leslie S. Johns , MARTINEZ LAW FIRM, Willoughby, Ohio, for Appellants. Timothy T. Reid , MANSOUR GAVIN LPA, Cleveland, Ohio, for Appellees.

CLAY, J., delivered the opinion of the court in which MOORE, J., joined. READLER, J. (pp. 444-61), delivered a separate dissenting opinion.

OPINION

On February 8, 2017, Defendant Deputy Matthew Johns ("Johns"), a deputy sheriff for Defendant Ashtabula County (collectively "Defendants"), shot and killed Vincent Palma ("Palma"), a mentally ill individual, while responding to a 9-1-1 call about a family dispute over a television remote. Palma's family members...

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