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FINCH v. RAPP

No. 20-3132 20-3190.

38 F.4th 1234 (2022)

Lisa G. FINCH; Dominica C. Finch; as co-administrators of the Estate of Andrew Thomas Finch, deceased, Plaintiffs-Appellees, v. Justin RAPP, Defendant-Appellant, and City of Wichita, Kansas; Benjamin Jonker, Defendants. Lisa G. Finch; Dominica C. Finch; as co-administrators of the Estate of Andrew Thomas Finch, deceased, Plaintiffs-Appellants, v. City of Wichita, Kansas, Defendant-Appellee, and Justin Rapp; Benjamin Jonker, Defendants.

United States Court of Appeals, Tenth Circuit.

Filed July 5, 2022.

Attorney(s) appearing for the Case

Samuel A. Green ( J. Steven Pigg , with him on the briefs) Fisher, Patterson, Sayler & Smith, L.L.P., Topeka, Kansas, for Defendant-Appellant, Defendants and Defendant-Appellee.

Easha Anand , MacArthur Justice Center, San Francisco, California ( Andrew M. Stroth and Carlton Odim , Action Injury Law Group, LLC, Chicago, Illinois, Alexa Van Brunt and David M. Shapiro , MacArthur Justice Center, Chicago, Illinois, Jason C. Murray , Bartlit Beck LLP, Denver, Colorado, Hamilton H. Hill , Bartlit Beck LLP, Chicago, Illinois, Rick E. Bailey , Wichita, Kansas, and Devi Rao , MacArthur Justice Center, Washington, D.C., with her on the briefs), for Plaintiffs-Appellees and Plaintiff-Appellants.

Before TYMKOVICH, Chief Judge, LUCERO, Senior Circuit Judge, and MORITZ, Circuit Judge.

This appeal arises from a case of "swatting" with a tragic end. Swatting involves placing a hoax emergency call reporting serious threats to provoke an armed law enforcement response to an individual's residence, usually as an act of harassment or revenge. After Wichita police received a seemingly legitimate call, officers...

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