STATON, Judge.
A police officer of the City of Gary, Indiana (city) shot John Cross when Cross fled from an attempted arrest for a misdemeanor. Cross unsuccessfully sued the city for assault and battery. In his motion to correct errors Cross raised as error for the first time omissions in the jury instructions of how much force a police officer may use to arrest a fleeing misdemeanant. Reconsideration of the instructions prompted the trial court to grant a new trial...
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