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ARNOLD v. CITY OF OLATHE, KANSAS

No. 21-3152.

35 F.4th 778 (2022)

Mark ARNOLD, as special administrator and duly-appointed representative and on behalf of heirs of the estate of Ciara Howard, Plaintiff-Appellant, v. CITY OF OLATHE, KANSAS; Wade Lanphear; Tim Sweany; Ian Mills; Steve Menke; Jameson Miller; Theron Chaulk; Calvin Hayden; Clinton Peterson, Defendants-Appellees, and Michael Butaud; Chad Mellick; Brian Wessling; Johnson County, Kansas; Board of County Commissioners of Johnson County, Kansas; Nate Denton; Tamara Sparks, Defendants.

United States Court of Appeals, Tenth Circuit.

Filed May 19, 2022.

Attorney(s) appearing for the Case

Ryan J. Gavin , Morgan & Morgan, St. Louis, Missouri, for Plaintiff-Appellant.

Kirk T. Ridgway ( Alex S. Gilmore , with him on the brief), Ferree, Bunn & Ridgwa, Chtd.y, Overland Park, Kansas, for Defendants-Appellees.

Andrew D. Holder and Michael K. Seck of Fisher, Patterson, Sayler & Smith, L.L.P., Overland Park, Kansas, for Defendants-Appellees.

Before TYMKOVICH, Chief Judge, HARTZ, and McHUGH, Circuit Judges.

Ciara Howard brandished a gun at three police officers after an extended standoff with hours of negotiations. The officers shot her, and she died from her wounds. Plaintiff Mark Arnold brought several claims on behalf of Ms. Howard's estate, alleging that the officers used unconstitutionally excessive force. The district...

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