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ELLIS v. WYNALDA

No. 92-3035.

999 F.2d 243 (1993)

Steven Lee ELLIS, Plaintiff-Appellant, v. Peter A. WYNALDA, in his individual capacity as a police officer for the City of Indianapolis, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 15, 1993.

Attorney(s) appearing for the Case

Richard A. Waples, Indianapolis, IN (argued), for Steven Lee Ellis.

MaryAnn G. Oldham, City-County Legal Div., Indianapolis, IN (argued), for Peter A. Wynalda.

Before BAUER, Chief Judge, and FLAUM and MANION, Circuit Judges.

FLAUM, Circuit Judge.

On September 7, 1986, Steven Ellis broke into an unoccupied pharmacy in Indianapolis and stole drugs and money. Officer Wynalda, called to the scene after Ellis tripped the burglar alarm, approached Ellis in the building's courtyard and ordered him to stop. When Ellis tossed the bag holding the drugs at the officer and ran, Wynalda shot Ellis in the back. The district court granted Wynalda qualified...

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