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PAYNE FOR HICKS v. CHURCHICH

No. 97-3344.

161 F.3d 1030 (1998)

Martha D. PAYNE, as mother for the minor child, Christopher M. HICKS, and for Robert Hicks and Billy Hicks, all minor children of the deceased Steven M. Hicks, by and personal representative of the Estate of Steven M. Hicks, Plaintiff-Appellant, v. Bob CHURCHICH, William Papa and County of Madison, Illinois, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 6, 1998.

Rehearing and Suggestion for Rehearing Denied January 12, 1999.

Attorney(s) appearing for the Case

Charles R. Douglas (submitted), Glen Carbon, IL, for Plaintiff-Appellant.

John L. Gilbert (submitted), Reed, Armstrong, Gorman, Coffey, Gilbert & Mudge, Edwardsville, IL, for Defendants-Appellees.

Before FLAUM, RIPPLE and DIANE P. WOOD, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied January 12, 1999.

RIPPLE, Circuit Judge.

Between 1:00 and 4:04 on the morning of August 3, 1991, right after Steven Hicks had been placed in custody in the holding cell of the City of Madison Police Department, he committed suicide. Martha Payne, representing the children and estate of Mr. Hicks, filed suit in state court, but the case was removed to federal court by the defendants when the plaintiffs'...

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