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Henry v. Purnell, No. 08-7433 (4th Cir.) (652 F.3d 524) (July 14, 2011) (Judge Roger L. Gregory)

Here a divided en banc court from the Fourth Circuit held, by a 9-3 vote, that a police officer who shot an unarmed suspect in 2003 is not entitled to the defense of qualified immunity based on the Supreme Court’s holding in Tennessee v. Garner.

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