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PADULA v. LEIMBACH

No. 10-3395.

656 F.3d 595 (2011)

William PADULA, Administrator of the Estate of Jerome Clement, Plaintiff-Appellant, v. Timothy LEIMBACH, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 29, 2011.

Attorney(s) appearing for the Case

Michael E. Polen, Jr. , Adam John Sedia (argued), Kevin Chandler Smith , Attorneys, Rubino, Ruman, Crosmer, Smith, Sersic & Polen, Dyer, IN, for Plaintiff-Appellant.

Wanda E. Jones , Attorney, Jones Law Offices, David W. Weigle (argued), Attorney, Hammond, IN, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, and FLAUM and SYKES, Circuit Judges.

FLAUM, Circuit Judge.

Jerome Clement, a diabetic, was suffering from a hypoglycemic episode while driving when he veered off the road and into a parking lot. Officers called to the scene had reason to believe he was intoxicated. When he did not comply with their commands to step out of his car, they physically removed him, maced him two or three times, struck him four times with a baton to place handcuffs on him and prevent...

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