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LEE v. RUSS

No. 21-5919.

33 F.4th 860 (2022)

Dayna LEE, Administratrix of the Estate of Randy Thomas Groom, deceased, Plaintiff-Appellant, v. David Shane RUSS, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 6, 2022.

Attorney(s) appearing for the Case

ARGUED: Benjamin K. Raybin , RAYBIN & WEISSMAN, P.C., Nashville, Tennessee, for Appellant. Robert M. Burns , HOWELL & FISHER, PLLC, Nashville, Tennessee, for Appellee. ON BRIEF: Benjamin K. Raybin , David J. Weissman , RAYBIN & WEISSMAN, P.C., Nashville, Tennessee, for Appellant. Robert M. Burns , Samantha A. Burnett , HOWELL & FISHER, PLLC, Nashville, Tennessee, for Appellee.

Before: SUTTON, Chief Judge; MOORE and GILMAN, Circuit Judges.

OPINION

Captain David Russ shot and killed Randy Thomas Groom during a confrontation after Groom stole a prescription from a pharmacy. Groom's estate sued Russ for using excessive force. The district court granted Russ qualified immunity. It reasoned that, although a reasonable jury could conclude that Groom did not...

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