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RICHARDSON v. CITY OF INDIANAPOLIS

No. 80-1285.

658 F.2d 494 (1981)

Tandy RICHARDSON, Jr., Administrator of the Estate of Byron L. Richardson, Deceased, Plaintiff-Appellant, v. The CITY OF INDIANAPOLIS, A Municipal Corporation in the State of Indiana; Marion County Sheriff's Department, Marion County, Indiana; Mark Myler, Robert Yarnell, Schuyler Atkins and Linden K. Lucas, Individually and as Deputy Sheriffs of the Marion County Sheriff's Department, Marion County, Indiana; Indianapolis Police Department, Indianapolis, Indiana; Richard Blake, Individually and as a Police Officer of the Police Department of the City of Indianapolis; and Phil Smith and Robert Fouty, Individually and as Police Officers of the Police Department of Speedway, Indiana, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 25, 1981.

Attorney(s) appearing for the Case

John O. Moss, Moss & Walton, John Preston Ward, Indianapolis, Ind., for plaintiff-appellant.

Eugene O. Maley, Richard S. Ewing, Stewart, Irwin, Gillion, Fuller & Meyer, Indianapolis, Ind., for defendants-appellees.

Before FAIRCHILD, PELL and SPRECHER, Circuit Judges.

PELL, Circuit Judge.

Byron L. Richardson was shot and killed in a struggle with an Indianapolis police officer in the course of his arrest following a high speed automobile chase. The plaintiff, Tandy Richardson, Jr., the decedent's personal representative, appeals from a judgment of the United States District Court for the Southern District of Indiana which granted a directed verdict against him on his claim under 42 U.S.C. § 1983, in favor of the defendants...

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