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SALVATORE PALMA, JR., individually and as
administrator of the estate of Vincent Dominic Palma;
MELISSA PALMA; ALISHA PALMA,
Plaintiffs-Appellants,
v.
MATTHEW JOHNS, Deputy Sheriff, in his individual
and official capacity as an employee of the Ashtabula
County Sheriff’s Department; ASHTABULA COUNTY,
OHIO,
Defendants-Appellees. |
No. 21-3315 |
Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
No. 1:18-cv-00294—Dan A. Polster, District Judge.
Argued: December 10, 2021
Decided and Filed: February 28, 2022
Before: MOORE, CLAY, and READLER, Circuit Judges.
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OPINION
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CLAY, Circuit Judge. On February 8, 2017, Defendant Deputy Matthew Johns
(“Johns”), a deputy sheriff for Defendant Ashtabula County (collectively “Defendants”), shot
and killed Vincent Palma (“Palma”), a mentally ill individual, while responding to a 9-1-1 call
about a family dispute over a television remote. Palma’s family members (“Plaintiffs”) sued
Defendants under 42 U.S.C. § 1983 and various state tort laws. The district court granted
summary judgment to Defendants on all claims. For the reasons set forth below, we REVERSE
the district court’s order granting Defendants’ motion for summary judgment and REMAND for
further proceedings consistent with this opinion. |
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