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CITY OF SOUTH BEND v. FLEMING

No. 3-1278A334.

397 N.E.2d 1075 (1979)

CITY OF SOUTH BEND, Indiana et al., Defendants-Appellants, v. Ted FLEMING and Jeanette Fleming, Plaintiffs-Appellees.

Court of Appeals of Indiana, Third District.

December 20, 1979.

Attorney(s) appearing for the Case

Thomas J. Brunner, Jr., John C. Hamilton, George E. Herendeen, James H. Pankow, South Bend, for defendants-appellants.

Robert L. Stephan, South Bend, for plaintiffs-appellees.

HOFFMAN, Judge.

Ted Fleming suffered a tear in the left biceps tendon when he was arrested for disorderly conduct and public intoxication by five South Bend police officers. His injury occurred as the result of his attempt to avoid being handcuffed during the course of the arrest.

In the resulting suit against the City of South Bend and the five individual officers (hereinafter collectively referred to as the City), a jury awarded Ted Fleming $15,000 for personal...

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