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MILLER v. TAYLOR

No. 88-5230.

877 F.2d 469 (1989)

Ralph Dwayne MILLER, Plaintiff-Appellant, v. Dick I. TAYLOR, City of Knoxville, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 9, 1989.

Attorney(s) appearing for the Case

Michael J. Miller argued, Jacobi & Miller, Alexandria, Va., for plaintiff-appellant.

Frank B. Aycock, III, Charlotte, N.C., Charles F. Sterchi, III, Carpenter & O'Connor, Louis Hofferbert, Tom Varlan, Director of Law, John T. Batson, Jr., City of Knoxville Law Dept., Knoxville, Tenn., Joseph B. Marshall, Circle Pines, Minn., John C. Duffy argued, Watson, Reeves & Beeler, Knoxville, Tenn., for defendants-appellees.

Before KEITH and KENNEDY, Circuit Judges; and CELEBREZZE, Senior Circuit Judge.

PER CURIAM.

In this 42 U.S.C. § 1983 case, Plaintiff Ralph Dwayne Miller appeals a jury verdict in favor of Defendants Officer Taylor of the Knoxville Police Department, and the City of Knoxville, Tennessee. Plaintiff contends that the trial court erroneously instructed the jury on the burden of proving self-defense, and on the standard of reasonableness against which to measure Officer Taylor's use of deadly force. We find no error in the trial court's charge...

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