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BRANDENBURG v. CURETON

No. 87-6371.

882 F.2d 211 (1989)

Barbara Ann BRANDENBURG, Plaintiff-Appellee, v. Harry E. CURETON, Lynn Murphy, Calvin Morton, Jr., Defendants, Appeal of Warren G. HATFIELD, Roy Sharp and Mark Wright, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided August 11, 1989.

Attorney(s) appearing for the Case

Robert H. Watson, Jr., Watson & Emert, Knoxville, Tenn., John C. Duffy (argued), Watson, Reeves & Beeler, Knoxville, Tenn., for defendants-appellants.

John K. Harber (argued), Pryor, Flynn & Priest, Knoxville, Tenn., for plaintiff-appellee.

Before: NELSON and BOGGS, Circuit Judges; and ENSLEN, District Judge.

BOGGS, Circuit Judge.

Sgt. Butch Hatfield, Deputy Mark Wright, and Detective Roy Sharp appeal the judgment entered against them for $75,000 in compensatory damages for a violation of the constitutional rights of plaintiff Barbara Ann Brandenburg and her deceased husband Dallas Brandenburg. Since the jury was presented with an impermissible theory of recovery, we reverse the judgment. We order a new trial as to the claim against detective Roy Sharp because we believe...

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