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United States Fourth Circuit


MILSTEAD v. KIBLER, 00-1539

Police officer's mistaken understanding of the facts did not make the officer's split-second judgment to use deadly force unreasonable when the victim came crashing through a poorly lit door after the real gunmen had fired a gun and threatened to kill the police.

Appellate Information

  • Decided 03/15/2001
  • Published 03/15/2001

Judges

  • Before WILKINSON, Chief Judge, NIEMEYER, Circuit Judge, and HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Jeffrey S. Parker, Great Falls, VA, for Appellant.   Mark Dudley Obenshain, Wharton, Aldhizer & Weaver, P.L.C., Harrisonburg, VA, for Appellees.   ON BRIEF:  James R. Tate, Tate & Bywater, Ltd., Vienna, VA, for Appellant.
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