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KINNEY v. INDIANA YOUTH CENTER

No. 91-1473.

950 F.2d 462 (1991)

Gregory N. KINNEY, Petitioner-Appellant, v. INDIANA YOUTH CENTER, By and Through its duly appointed Agents, Employees and Representatives, Sally A. Park, Thomas D. Richards, Paul W. O'Hauer, Indiana Department of Correction, and its Agents, Employees, Board Members and former Commissioner, John T. Shettle, Wesley A. Kissel, Barbara J. Cope, Daniel F. Evans, Jr., Dr. Robert A. Keller, John M. Nally, Robert W. Primmer, and John F. White, Jr., Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 9, 1991.

Rehearing Denied January 9, 1992.

Attorney(s) appearing for the Case

Perry B. Noble (argued), Jeffersonville, Ind., William L. Turner, Shepherdsville, Ky., for petitioner-appellant.

David A. Nowak, Deputy Atty. Gen. (argued), Linley E. Pearson, Atty. Gen., Office of Atty. Gen., Indianapolis, Ind., for respondents-appellees.

Before CUDAHY, RIPPLE and KANNE, Circuit Judges.

KANNE, Circuit Judge.

This is a civil rights action brought by Gregory Neal Kinney, an eighteen-year old inmate who was shot while trying to escape from an Indiana correctional facility where he was confined for a six-year term on charges of escape and car theft. Kinney claimed excessive force was used in thwarting his escape and sued the officer who shot him as well as seven supervisory officials. The district court concluded that

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