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TAYLOR v. NICHOLS

No. 76-1275.

558 F.2d 561 (1977)

Brian TAYLOR, Plaintiff-Appellant, v. H. Michael NICHOLS, Robert L. Pinet, R. Michael Latimer, James Allen, Michael T. Allen, Joe Ferns, Jack E. Davis and Victor E. Warren, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided June 30, 1977.

Attorney(s) appearing for the Case

Barbara M. Vache, Kansas City, Kan., and Harold V. Matney, Ottawa, Kan. (Clifford R. Roth of Matney & Roth, Chartered, Ottawa, Kan., on the brief), for plaintiff-appellant.

David K. Fromme of Weeks, Thomas, Lysaught, Bingham & Mustain, Chartered, Kansas City, Kan. (Roger D. Stanton of Weeks, Thomas, Lysaught, Bingham & Mustain, Chartered, Kansas City, Kan., and George A. Lowe of Lowe, Terry & Roberts, Olathe, Kan., on the brief), for defendants-appellees H. Michael Nichols, Robert L. Pinet, R. Michael Latimer, James Allen and Michael T. Allen.

N. Jack Brown of Boddington, Brown & Unverferth, Kansas City, Kan., for defendants-appellees Joe Ferns, Jack E. Davis and Victor E. Warren.

Before LEWIS, Chief Judge, and BREITENSTEIN and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is a Section 1983 civil rights action brought by a police officer. The lawsuit grew out of a traffic collision which occurred on January 7, 1975 in Ottawa, Kansas. The defendant-appellee, Michael T. Allen, collided with a stopped car. The plaintiff-appellant, the mentioned police officer, was one of the investigating officers.

On January 13, 1975, Michael T. Allen was apprehended by a police officer of Ottawa, Kansas....

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