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Try CasePortal for FreeJ. Benton finds a lower court improperly granted summary judgment to a City on civil rights claims brought by an estate administrator. The City argued that the estate administrator's decedent, who was holding a gun and threatening suicide, refused to drop his weapon under the command of an officer, who shot and killed him. However, the estate administrator presented sufficient evidence in court that her son removed the gun from his temple before he was shot to death. Reversed.
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