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Terzani v. Fitzpatrick

State Trooper Entitled to Qualified Immunity Over Use of Deadly Force in Armed Standoff

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OPINION AND ORDER

*1Plaintiffs John and Beverly Terzani bring this Section 1983 action on behalf of their deceased son, John T. Terzani (“Terzani”), and on their own behalves, against defendant Trooper Jason Fitzpatrick, alleging Fitzpatrick used excessive force against Terzani, and caused Terzani’s wrongful death, when Fitzpatrick shot and killed Terzani after a seven-hour standoff on August 19-20, 2013.¹ Before the Court is defendant’s motion for summary judgment. (Doc. #43).For the reasons set forth below, the motion is Granted.The Court has subject matter jurisdiction under 28 U.S.C. §1331.BACKGROUNDThe parties have submitted briefs, statements of fact (“SOF”), and affirmations (“Aff.”) or declarations (“Decl.”) with supporting exhibits, which reflect the following factual background.

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