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KLEIN v. RYAN

No. 87-2554.

847 F.2d 368 (1988)

William J. KLEIN, Plaintiff-Appellant, v. Lawrence RYAN and Frank Lombardo, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 16, 1988.

Attorney(s) appearing for the Case

Robert M. Hodge, Chicago, Ill., for plaintiff-appellant.

John B. Murphey, Rosenthal, Murphey, Coblentz & Janega, Chicago, Ill., for defendants-appellees.

Before BAUER, Chief Judge, WOOD, Jr., Circuit Judge, and ESCHBACH, Senior Circuit Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

Plaintiff Klein brought this action against defendants Ryan and Lombardo under 42 U.S.C. § 1983. Klein claims that the defendants violated his fourth and fourteenth amendment rights when they shot Klein as he was fleeing after committing a burglary. The district court granted the defendants' motion for summary judgment based upon their affirmative defense of qualified immunity. We affirm.

I. FACTUAL BACKGROUND

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