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SWEARINGEN v. JUDD

No. 18-1126.

930 F.3d 983 (2019)

Ivan SWEARINGEN, Administrator of the Estate of Ryan James Swearingen; Ronda Swearingen, Administrator of the Estate of Ryan James Swearingen, Plaintiffs-Appellants, v. Karl JUDD, Individually, and in his Official Capacity as a Police Officer for the City of Fort Madison, Iowa, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 18, 2019.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants was Leon Fred Spies , of Iowa City, IA. The following attorney(s) appeared on the appellants' brief; Leon Fred Spies, of Iowa City, IA.

Counsel who presented argument on behalf of the appellee was Patrick O'Connell , of Cedar Rapids, IA. The following attorney(s) appeared on the appellee brief; Patrick O'Connell, of Cedar Rapids, IA.

Before SMITH, Chief Judge, COLLOTON and ERICKSON, Circuit Judges.

This case arises from a police shooting in which a suspect was killed. The administrators of the decedent's estate sued the police officer who fired the fatal shots, alleging that he violated the decedent's constitutional rights by using unreasonable force. The district court1 concluded that...

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