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KELLEY v. O'MALLEY

No. 22-1688.

CALISIA KELLEY; JOHNNIE MAE KELLEY, Co-Administrators of the Estate of Bruce Kelley Jr., deceased, Appellants v. BRIAN O'MALLEY, both in his Official and Individual Capacities as Sergeant for the Allegheny County Port Authority; DOMINIC RIVOTTI, both in his Official and Individual Capacities as Officer for the Allegheny County Port Authority.

United States Court of Appeals, Third Circuit.

Opinion filed: December 22, 2023.

Opinion filed: March 21, 2024.

Attorney(s) appearing for the Case

Adam Bishop , Bishop Law, Suite 301, 220 Grant Street, Pittsburgh, PA 15219.

Noah Geary [ARGUED], 123 Washington Street, Washington, PA 15301, Counsel for Appellants Calisia Kelley and Johnnie Mae Kelley.

Gregory A. Evashavik , [ARGUED] Nicholas J. Evashavik , Evashavik Law, 310 Grant Street, Suite 2901, Pittsburgh, PA 15219, Counsel for Appellees Brian O'Malley and Dominic Rivotti.

Before: SHWARTZ, MATEY, and FISHER,

NOT PRECEDENTIAL

OPINION*

After Bruce Kelley, Jr. was fatally shot by police officers, Plaintiffs, the co-administrators of Kelley's estate, sued Officers Brian O'Malley and Dominic Rivotti. The District Court held the Officers were entitled to qualified immunity and granted...

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