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KNIBBS v. MOMPHARD

No. 20-2243.

30 F.4th 200 (2022)

Melissa B. KNIBBS, as Personal Representative of the Estate of Michael Scott Knibbs, Plaintiff-Appellant, v. Anthony MOMPHARD, Jr., Individually and in his official capacity as a Deputy Sheriff of the Macon County Sheriff's Department; Robert Holland, in his Official capacity as the Sheriff of Macon County; Western Surety Company, a South Dakota Corporation; The Ohio Casualty Insurance Company, a New Hampshire Corporation, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 30, 2022.

Attorney(s) appearing for the Case

ARGUED: Mark R. Melrose , MELROSE LAW, PLLC, Waynesville, North Carolina, for Appellant. Steven Andrew Bader , CRANFILL SUMNER LLP, Raleigh, North Carolina, for Appellees. ON BRIEF: Adam R. Melrose , MELROSE LAW, PLLC, Waynesville, North Carolina; Joshua D. Nielsen , NIELSEN LAW, PLLC, Waynesville, North Carolina, for Appellant. Patrick H. Flanagan , Stephanie H. Webster , CRANFILL SUMNER LLP, Charlotte, North Carolina, for Appellees.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Agee wrote the opinion, in which Judge Rushing joined. Judge Niemeyer wrote a dissenting opinion.

In the course of responding to a dispute between neighbors just after midnight on April 30, 2018, Deputy Sheriff Anthony Momphard, Jr., of the Macon County, North Carolina, Sheriff's Office fatally shot Michael Knibbs while Knibbs was standing inside his home holding a loaded shotgun. Knibbs' widow, Melissa Knibbs, as personal...

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