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LEWIS v. DOWNS

Nos. 84-5738, 84-5739.

774 F.2d 711 (1985)

Thomas LEWIS, et al., Plaintiffs-Appellees, Cross-Appellants, v. J.D. DOWNS and V.W. Geil, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 9, 1985.

Attorney(s) appearing for the Case

Eugene C. Gaerig (argued), Memphis, Tenn., for defendants-appellants, cross-appellees.

Donald A. Donati (argued), Donati, Donati, Robbins & Gosnell, Mark Francis, Memphis, Tenn., for plaintiffs-appellees, cross-appellants.

Before ENGEL and JONES, Circuit Judges and CELEBREZZE, Senior Circuit Judge.

PER CURIAM.

Defendants-Appellants J.D. Downs and V.W. Geil appeal from a decision of the district court finding them liable under Tennessee common law for battery and pursuant to 42 U.S.C. § 1983 (1982) for using unnecessary and excessive force against plaintiffs-appellees Mr. Thomas Lewis, Mrs. Ethel Lewis, and Tony Lewis. Appellants assert on appeal that the evidence produced was insufficient to establish a violation of appellees' due process rights and that...

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