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RICE v. BURKS

No. 92-2513.

999 F.2d 1172 (1993)

Ronnie RICE, Plaintiff-Appellee, v. James BURKS and Mark Harvey, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 26, 1993.

Attorney(s) appearing for the Case

Robert S. Harlib (argued), Chicago, IL, for plaintiff-appellee.

Judson H. Miner, Davis, Miner, Barnhill & Galland, Lawrence Rosenthal, Deputy Corp. Counsel, Kelly R. Welsh, Asst. Corp. Counsel, Brian Trubitt (argued), Office of Corp. Counsel, Appeals Div., Chicago, IL, for defendants-appellants.

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

MANION, Circuit Judge.

After the defendant police officers arrested and handcuffed Ronnie Rice, he attempted to escape. In the process of recapturing Rice the police officers hit him in the back, knocking him to the ground. Concluding that questions of fact existed as to whether the police officers used excessive force, the district court refused to grant summary judgment based on qualified immunity, 796 F.Supp. 319. The police...

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