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TOM v. VOIDA

No. 91-2293.

963 F.2d 952 (1992)

Cheryl TOM, individually and as administratrix of the estate of Wayne Lee Tom, deceased, Plaintiff-Appellant, v. Dawn E. VOIDA, individually and in her official capacity as a Police Officer of the City of Indianapolis, Paul Annee, individually and in his official capacity as Chief of Police, Indianapolis Police Department and City of Indianapolis, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 8, 1992.

Attorney(s) appearing for the Case

Richard Kammen, argued, Katharine C. Liell, McClure, McClure & Kammen, Indianapolis, Ind., for Cheryl Tom.

Frances W. Hardy, Marion County Legal Div., John C. Ruckelshaus, Ruckelshaus, Roland, Hasbrook & O'Connor, Douglas J. Webber, City-County Legal Div., Andrew P. Wirick, Corp. Counsel, argued, Office of the Corp. Counsel, City Counsel Legal Div., Indianapolis, Ind., for Dawn E. Voida.

Frances W. Hardy, Marion County Legal Div., Douglas J. Webber, City-County Legal Div., Andrew P. Wirick, Corp. Counsel, Office of the Corp. Counsel, Indianapolis, Ind., for Paul Annee and City of Indianapolis.

Before CUMMINGS, Circuit Judge, and WOOD, Jr., and ESCHBACH, Senior Circuit Judges.

ESCHBACH, Senior Circuit Judge.

This case began when a police officer benevolently approached an eighteen-year-old whom she did not suspect of any wrongdoing. For various reasons, this innocent encounter progressively escalated into a leisurely pursuit on foot, a rough-and-tumble chase, an attempted handcuffing, a violent physical struggle, another chase, another violent struggle, and ultimately a fatal shooting of the citizen. The question is whether the circumstances...

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