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McDANIEL v. CITY OF EVANSVILLE

No. 82A01-9207-CV-215.

604 N.E.2d 1223 (1992)

Steve McDaniel, Appellant-Plaintiff, v. CITY OF EVANSVILLE, Appellee-Defendant.

Court of Appeals of Indiana, First District.

Transfer Denied March 2, 1993.

Attorney(s) appearing for the Case

Glenn A. Grampp, Evansville, for appellant-plaintiff.

Malcolm S. Gwinn, Evansville, for appellee-defendant.

BAKER, Judge.

On March 12, 1988, plaintiff-appellant Steve McDaniel and his friend and co-worker David Gulledge became embroiled in an argument with two other patrons at an Evansville tavern. McDaniel and Gulledge, both local policemen, were off-duty at the time. After following his adversary outside, McDaniel beat and then arrested one of the two men. The man tried to flee, fell, and was again beaten into submission by

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