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STEPP v. COTTRELL O/B/O ESTATE OF COTTRELL

No. 21-0412.

874 S.E.2d 700 (2022)

Nathan Scott STEPP, individually as a member of the West Virginia State Police, Zach W. Hartley, individually as a member of the West Virginia State Police, Okey S. Starsick, individually as a member of the West Virginia State Police, Robert B. Hickman, individually as a member of the Roane County Sheriff's Department, Roane County Sheriff's Department, and West Virginia State Police, Defendants Below, Petitioners, v. Bradley COTTRELL, ON BEHALF OF the ESTATE OF Bernard Dale COTTRELL, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: April 26, 2022.

Attorney(s) appearing for the Case

Michael D. Mullins, Esquire , Candace Haley Bunn, Esquire , James E. McDaniel, Esquire , Robert L. Bailey, Esquire , Steptoe & Johnson PLLC, Charleston, West Virginia, Counsel for Petitioners Stepp, Hartley, Starsick, and West Virginia State Police.

Charles R. Bailey, Esquire , John P. Fuller, Esquire , Jeffrey Michael Carder, Esquire , Bailey & Wyant, Charleston, West Virginia, Counsel for Petitioners Hickman and Roane County Sheriff's Department.

Russell A. Williams, Esquire , New, Taylor & Associates, Beckley, West Virginia.

Nicolette A. Ward, Esquire , Romanucci & Blandin, LLC, Chicago, Illinois, Pro Hac Vice, Counsel for Respondent.

The United States District Court for the Southern District of West Virginia presents two certified questions to this Court:

First, does West Virginia apply to its own Constitution the United States Supreme Court's rule as established in Graham v. Connor, 490 U.S. 386 [109 S.Ct. 1865...

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