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ALEMAN v. CITY OF CHARLOTTE

No. 21-2223.

80 F.4th 264 (2023)

Azucena Zamorano ALEMAN, individually and as Administrator of the Estate of Ruben Galindo Chavez, Plaintiff-Appellant, v. CITY OF CHARLOTTE; David Guerra, individually and officially, Defendants-Appellees, and Courtney Suggs, individually and officially, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: August 16, 2023.

Attorney(s) appearing for the Case

ARGUED: S. Luke Largess , TIN FULTON WALKER & OWEN, Charlotte, North Carolina, for Appellant. Lori R. Keeton , LAW OFFICERS OF LORI KEETON, Charlotte, North Carolina; Roger A. McCalman , OFFICE OF THE CITY ATTORNEY, Charlotte, North Carolina, for Appellees. ON BRIEF: Brian R. Hochman , Bradley W. Butler , BUTLER, QUINN & HOCHMAN, PLLC, Charlotte, North Carolina, for Appellant. Clarence E. Matherson, Jr. , OFFICE OF THE CITY ATTORNEY, Charlotte, North Carolina, for Appellee City of Charlotte.

Affirmed in part, vacated in part, and remanded by published opinion. Judge King wrote the majority opinion, in which Senior Judge Keenan joined. Judge Richardson wrote a dissenting opinion.

This civil action on appeal from the Western District of North Carolina arises from the September 2017 fatal police shooting of Ruben Galindo Chavez (who used the surname "Galindo") during an encounter with officers of the Charlotte-Mecklenburg Police Department. The action was initiated...

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