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NIEHUS v. LIBERIO

Nos. 91-1534, 91-1635.

973 F.2d 526 (1992)

James E. NIEHUS and Denise Niehus, Plaintiffs-Appellees, Cross-Appellants, v. Vince LIBERIO and Frank Vittorio, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 20, 1992.

Attorney(s) appearing for the Case

Gary L. Starkman (argued), Ross & Hardies, Marc C. Smith, Arvey, Hodes, Costello & Burman, Timothy J. Touhy (argued), Ronald A. Stearney, Chicago, Ill., for plaintiffs-appellees.

Robert L. Shuftan, Kathy P. Fox (argued), Georgia L. Vlamis, Wildman, Harrold, Allen & Dixon, M. Jayne Rizzo, Mary K. Periolat, Kelley, Drye & Warren, Chicago, Ill., for defendants-appellants.

Before POSNER and KANNE, Circuit Judges, and VAN SICKLE, Senior District Judge.

POSNER, Circuit Judge.

James Niehus was arrested on suspicion of drunk driving and brought to a police station in Berkeley, Illinois, a suburb of Chicago. He got into an argument with the police, and a fight ensued in the course of which — he testified — officers Liberio and Vittorio kicked him in the face, breaking his left cheekbone, as a consequence of which he suffered brain damage that has caused significant although not totally disabling mental...

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