William P. McCoy Michael McCoy Personal Representatives of the Estate of Kevin J. McCoy v. John Payne, William P. McCoy Personal Representatives of the Estate of Kevin J. McCoy Michael McCoy v. John H. Payne

1 F.3d 1246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William P. MCCOY; Michael McCoy, Personal Representatives of the estate of Kevin J. McCoy, Plaintiffs-Appellants, v. John PAYNE, Defendant-Appellee. William P. MCCOY, Personal Representatives of the estate of Kevin J. McCoy; Michael McCoy, Plaintiffs-Appellees, v. John H. PAYNE, Defendant-Appellant. Nos. 92-35100, 92-35134. United States Court of Appeals, Ninth Circuit. Submitted July 13, 1993. * Decided July 19, 1993. Before GOODWIN, FARRIS and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Representatives of the estate of Kevin J. McCoy ("the estate" and "McCoy," respectively) brought this suit under 42 U.S.C. Sec. 1983 . They contend that John H. Payne, a police officer, used excessive force in violation of McCoy's constitutional rights when he shot and killed McCoy. The jury returned a verdict in favor of Payne. The estate appeals. 3 On the day McCoy was killed, Payne was called to McCoy's house because of a…