STREET v. PARHAM

No. 89-3190.

929 F.2d 537 (1991)

Willie J. STREET, Plaintiff-Appellant, v. Terry PARHAM, Ken Snider, Defendants-Appellees, and Mike Hill, Sheriff of Sedgwick County, Kansas, Defendant.

United States Court of Appeals, Tenth Circuit.

March 25, 1991.


Attorney(s) appearing for the Case

Craig Shultz, Shultz & Webb, Chartered, Wichita, Kan., for plaintiff-appellant.

Alan L. Rupe, Grace & Rupe, Wichita, Kan., for defendants-appellees.

Before McKAY, LOGAN, Circuit Judges, and RUSSELL, District Judge.


McKAY, Circuit Judge.

The issue in this excessive force case is whether the district court erred in allowing the jury to consider the defendants' qualified immunity defense even after the jury had found that the force used against the plaintiff by one of the defendants was unreasonable. Because the initial instruction given the jury allowed it to consider whether the force used was reasonably necessary under the circumstances, we hold that it was error for the jury...

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