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HEATH v. HENNING

No. 1266, Docket 86-2459.

854 F.2d 6 (1988)

George HEATH, Appellant, v. Robert C. HENNING, as Commissioner, Police Department, Town of Orchard Park, Police Officer Michael J. Sherry, and Police Officer Robert F. Zeihm, Appellees.

United States Court of Appeals, Second Circuit.

Decided August 5, 1988.

Attorney(s) appearing for the Case

William D. Smith, Cadwalader, Wickersham & Taft, New York City (Gregg J. Breitbart, Cadwalader, Wickersham & Taft, New York City, of counsel), for appellant.

John J. Flynn, Maghran, McCarthy & Flynn, Buffalo, for appellees.

Before OAKES, MESKILL and PIERCE, Circuit Judges.

OAKES, Circuit Judge:

This appeal is from a judgment after a jury verdict in favor of the defendant police officers in a section 1983 action in the United States District Court for the Western District of New York, tried by consent before Edmund F. Maxwell, Magistrate. Appellant George Heath claims that the district court improperly instructed the jury as to the legal standard to be applied in considering the use of deadly...

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