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ZUCHEL v. SPINHARNEY

No. 88-2179.

890 F.2d 273 (1989)

Leo and Arlene ZUCHEL, individually and on behalf of the deceased, Leonard Zuchel, Plaintiffs-Appellees, v. Officer Frederick SPINHARNEY, Defendant-Appellant, and The City and County of Denver, Colorado, Defendant.

United States Court of Appeals, Tenth Circuit.

November 27, 1989.

Attorney(s) appearing for the Case

Theodore S. Halaby (Robert M. Liechty, with him on the briefs), of Halaby & McCrea, Denver, Colo., for defendant-appellant.

Wade H. Eldridge, Denver, Colo., for plaintiffs-appellees.

Before SEYMOUR, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and PHILLIPS, District Judge.

PHILLIPS, District Judge.

On August 6, 1985, Leonard Zuchel created a disturbance at a McDonald's restaurant in downtown Denver by kicking the front door and cracking its glass. The manager called the police. Before the police arrived Zuchel left the restaurant. He passed by four teenagers on bicycles and an exchange of words ensued. As the exchange became more heated, Zuchel withdrew something from his pocket. The teenagers...

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