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213001P.pdf   06/12/2023  Piper Partridge  v.  City of Benton, Arkansas
   U.S. Court of Appeals Case No:  21-3001
   U.S. District Court for the Eastern District of Arkansas - Central   
   [PUBLISHED] [Benton, Author, with Gruender and Shepherd, Circuit Judges] 
   Civil case - Civil rights. For the court's prior opinion in the matter, 
   see Partridge v. City of Benton, 929 F.3d 562 (8th Cir. 2020). There was a 
   genuine dispute as to whether plaintiff's son pointed a gun at defendant 
   police officer Ellison or was lowering the gun away from the officers at 
   the instant Ellison shot him, and the district court erred in granting 
   defendants' motion for summary judgment; the district court's dismissal of 
   plaintiff's excessive force claim is reversed, and the dismissal of 
   plaintiff's Monell and state-law claims is vacated. Judge Shepherd, 
   dissenting.