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SHERROD v. BERRY

No. 85-3151.

827 F.2d 195 (1987)

Lucien SHERROD, Individually and as Administrator of the Estate of Ronald Sherrod, Deceased, Plaintiff-Appellee, v. Willie BERRY, Frederick Breen and the City of Joliet, a municipal corporation, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 20, 1987.

Attorney(s) appearing for the Case

William W. Kurnik, Kurnik and Cipolla, Arlington Heights, Ill., for defendants-appellants.

Andrew J. Horwitz, Horwitz and Assoc. Ltd., Chicago, Ill., for plaintiff-appellee.

Before CUMMINGS and COFFEY, Circuit Judges, and SWYGERT, Senior Circuit Judge.

CUMMINGS, Circuit Judge.

Plaintiff filed this lawsuit individually and as administrator of the estate of his deceased 19-year-old son, Ronald Sherrod. The third amended complaint was in two Counts. The first Count was for wrongful death and alleged that defendant Willie Berry, a Joliet, Illinois, policeman, violated 42 U.S.C. § 1983 when he shot and killed Ronald. Berry supposedly violated "the customary standard police procedures for making felony stops of motor...

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