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JONES v. THIERET

No. 87-2490.

846 F.2d 457 (1988)

Johnnie JONES, Jr., Petitioner-Appellee, v. James THIERET, et al., Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided May 11, 1988.

Attorney(s) appearing for the Case

Arleen C. Anderson, Asst. Atty. Gen., Chicago, Ill., for respondents-appellants.

Karen Munoz, Asst. State Appellate Defender, Springfield, Ill., for petitioner-appellee.

Before WOOD, POSNER, and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

Ten years ago, Johnnie Jones invaded a closed diner, terrorized the occupants, and stole $550. He took the gun from a deputy sheriff who happened to be in the diner. Although no one resisted, Jones fired at least four shots from his revolver and the deputy's magnum. One shot was discharged so close to the deputy's face that it caused powder burns. We do not know whether Jones missed at point blank range or was simply trying to frighten...

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