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PALACIOS v. FORTUNA

No. 22-4025.

61 F.4th 1248 (2023)

Elsa Karina PALACIOS, as the personal representative of the Estate of Bernardo Palacios Carbajal, Plaintiff-Appellant, v. Officer Kevin FORTUNA, in an individual and official capacity; Officer Neil Iversen, in an individual and official capacity; Salt Lake City Corporation, Defendants-Appellees, and Salt Lake City Police Department; Chief Mike Brown, in an official capacity as police chief of the Salt Lake City Police Department, Defendants.

United States Court of Appeals, Tenth Circuit.

FILED March 7, 2023.

Attorney(s) appearing for the Case

Caroline Anais Olsen , ( Dick J. Baldwin of Zimmerman Booher, with her on the briefs), Salt Lake City, Utah, for Plaintiff-Appellant.

Samantha J. Slark of Salt Lake City Corporation, Salt Lake City, Utah, for Defendants-Appellees.

Before McHUGH, KELLY, and EID, Circuit Judges.

Plaintiff-Appellant Elsa Karina Palacios, personal representative of the estate of the deceased, Bernardo Palacios Carbajal, brought this action under 42 U.S.C. § 1983 against Defendants-Appellees Salt Lake City Police Officers Neil Iversen and Kevin Fortuna in their individual capacities, as well as Salt Lake City Corporation...

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