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WELLINGTON v. DANIELS

No. 82-2096.

717 F.2d 932 (1983)

Cynthia WELLINGTON, Guardian of the Estate of Robert D. Gravelle, Appellant, v. Brian L. DANIELS, Darrel W. Stephens and City of Newport News, Virginia, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1983.

Attorney(s) appearing for the Case

Stephen C. Swain, Virginia Beach, Va. (F.T. Stant, Jr., Clark & Stant, P.C., Virginia Beach, Va., on brief), for appellant.

Kris J. Sundberg, Asst. City Atty., Newport News, Va. (Robert V. Beale, City Atty., Newport News, Va., on brief), for appellees.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and BULLOCK, District Judge.

MURNAGHAN, Circuit Judge:

Cynthia Wellington, guardian of the Estate of Robert D. Gravelle, appeals the rejection of claims for damages for personal injuries sustained by Gravelle when he was struck in the head with a Kel-lite type flashlight, by Brian L. Daniels, a Newport News policeman. The injury resulted in a fractured skull, complete body paralysis and severe reduction in mental capability. Included as defendants were Police Officer Daniels for his alleged unreasonable...

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