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COOPER v. SHEEHAN

No. 13-1071.

735 F.3d 153 (2013)

George COOPER, Sr., Plaintiff-Appellee, and George Cooper, Jr., Plaintiff, v. James SHEEHAN; Brian Carlisle, Defendants-Appellants, and Brunswick County Sheriff's Department; Sheriff Ronald Hewett; David Crocker; Gene Caison; Kevin Holden; John Ingram, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: November 7, 2013.

Attorney(s) appearing for the Case

ARGUED: Christopher J. Geis, Womble Carlyle Sandridge & Rice, PLLC, Winston-Salem, North Carolina, for Appellants.

Laura Conner, Robert M. Tatum, Tatum & Atkinson, PLLC, Raleigh, North Carolina, for Appellee.

ON BRIEF: James R. Morgan, Jr., James A. Dean, Womble Carlyle Sandridge & Rice, PLLC, Winston-Salem, North Carolina, for Appellants.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge WILKINSON and Judge WYNN joined.

KING, Circuit Judge:

Late in the evening of May 2, 2007, George Cooper, Sr., was alerted to the sound of unknown persons outside his mobile home in rural Leland, North Carolina. Lowered shotgun in hand, Cooper stepped out onto his back porch to investigate. Seconds later, he was struck by gunfire. The shots were fired by Brunswick County deputy sheriffs James Sheehan and Brian Carlisle (the "Officers"), who were investigating a reported domestic disturbance on Cooper...

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