Patrick Flanagan (Charlotte) and Stephanie Webster (Charlotte) obtained Summary Judgment in an action involving allegations of excessive use of force in violation of the Fourth Amendment to the U.S. Constitution. The deadly force at issue resulted in the suspect’s death. The lawsuit also raised claims under the Second Amendment asserting the Deputy’s use of deadly force deprived the homeowner-suspect of his right to bear arms in his own home. Following briefing and oral argument, the U.S. District Court agreed there were no Constitutional violations and granted Summary Judgment in favor of the N.C. Deputy involved in the use of deadly force and for the Sheriff. Plaintiff’s wrongful death and N.C. Constitutional claims also were dismissed.
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