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MARTIN v. HEIDEMAN

Nos. 95-5145, 95-5860, 95-5162 and 95-5170.

106 F.3d 1308 (1997)

Donald MARTIN, Plaintiff-Appellant/Cross-Appellee, v. Robert HEIDEMAN; Robert Heckle; Boone County, Kentucky, Defendants-Appellees/Cross-Appellants, Roger Paul; City of Walton, Kentucky, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided February 14, 1997.

Attorney(s) appearing for the Case

D. Craig Dance (argued and briefed), Breeding, McIntyre & Cunningham, Lexingtin, KY, for Donald Martin.

W. Kenneth Nevitt, C. Thomas Hectus (argued and briefed), Williams & Wagoner, Louisville, KY, Steven J. Franzen, for Robert Heideman, Robert Heckle, Boone County, Kentucky in Nos. 95-5145, 95-5162 and 95-5170.

MaryAnn Stewart (argued and briefed), Condit, McDermott & Stewart, Covington, KY, for Roger Paul, City of Walton, Kentucky.

W. Kenneth Nevitt, C. Thomas Hectus (argued), Williams & Wagoner, Louisville, KY, Steven J. Franzen, for Robert Heideman, Robert Heckle, Kentucky in No. 95-5860.

W. Kenneth Nevitt, C. Thomas Hectus (argued), Williams & Wagoner, Louisville, KY, Larry J. Crigler, Larry J. Crigler, P.S.C., Burlington, KY, for Boone County in No. 95-5860.

Before: KRUPANSKY, DAUGHTREY, and MOORE, Circuit Judges.

DAUGHTREY, J., delivered the opinion of the court, in which MOORE, J., joined. KRUPANSKY, J. (pp. 1313-33), delivered a separate dissenting opinion.

DAUGHTREY, Circuit Judge.

In this civil rights action, brought under 42 U.S.C. § 1983, the plaintiff alleged that three Kentucky police officers used excessive force when arresting him. After the district court bifurcated the trial in order to try the liability and damages issues separately, a jury found...

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