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HAMM v. POWELL

No. 88-3166.

874 F.2d 766 (1989)

Robert D. HAMM, Alice Hamm, William H. Williams, and Kathryn Williams, Plaintiffs-Appellees, Cross-Appellants, v. Sheriff James A. POWELL, etc., Defendant, Dennis Norred, individually and in his capacity as Sheriff Deputy of Santa Rosa County, Florida, Bruce Johnson, individually and in his capacity as Sheriff Deputy of Santa Rosa County, Florida, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 6, 1989.

Attorney(s) appearing for the Case

Julis F. Parker, Jr., Parker, Skelding, McVoy, Labasky, Jennifer Parker LaVia, Tallahassee, Fla., for defendants-appellants, cross-appellees.

Ted A. Stokes, Milton, Fla., James A. Johnston, Pensacola, Fla., James F. McKay, Baton Rouge, La., for plaintiffs-appellees, cross-appellants.

Before HILL and ANDERSON, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

HILL, Circuit Judge:

Appellees were injured in an encounter with the appellants, law enforcement officers, who were undertaking to arrest appellees. The officers were armed. They had been warned that appellants were armed. The encounter, at night, was fraught with danger. The parties' vehicles collided; shots were fired. Robert D. Hamm was struck in his side by a bullet. William H. Williams received a cut on his head. Both were arrested, and Hamm was tried and acquitted...

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