VANCE, Circuit Judge:
Bernard Whitehurst was gunned down by Montgomery, Alabama police who mistook him for a suspect in a local robbery. The fatal shot was fired by police officer Donald Foster, who claims that Whitehurst shot first. Although none of the officers in the vicinity found a gun near the body, a detective subsequently called to the scene spotted a gun twenty-seven inches from the victim. It was later discovered that the gun had been confiscated by police...
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