United States Court of Appeals For the First Circuit No. 12-1631 DAVID T. KENNEY, Executor of the Estate of Liko Peter Kenney, Plaintiff, Appellant, v. GREGORY WILLIS FLOYD; MARK R. MONTMINY, in his individual and official capacities as Police Chief of Franconia, NH; MARK TAYLOR, in his individual and official capacities as Police Sergeant of Franconia, NH; NORMAN BRUCE MCKAY, in his official capacity as Police Corporal of Franconia, NH, posthumously; FRANCONIA, NEW HAMPSHIRE BOARD OF SELECTMEN, Defendants, Appellees.

ERRATA The opinion of this Court issued on November 30, 2012, is amended as follows: On page 5, line 4, the date is amended to read "February 28, 2012".