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KAPITAN v. CITY OF GARY, IND.

No. 92-3557.

12 F.3d 678 (1993)

Rudolph KAPITAN, Mary Kapitan, and Scott Teeter, Plaintiffs-Appellees, v. CITY OF GARY, INDIANA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 20, 1993.

Rehearing Denied January 10, 1994.

Attorney(s) appearing for the Case

Robert G. Berger (argued), David E. Mears, Highland, IN, R. Cordell Funk (argued), Funk & Foster, Hammond, IN, for plaintiffs-appellees.

Gilbert King, Jr., Corp. Counsel, Office of Corp. Counsel, MacArthur Drake (argued), Gary, IN, Richard F. McDevitt (argued), Munster, IN, for defendant-appellant.

Before POSNER, Chief Judge, and LAY and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

Perry Taylor, a member of the police force of Gary, Indiana, did not take kindly to the repossession of his car. Taylor tried to arrest the man who recovered the car (he escaped) and detained two owners of the dealership — actions "under color of state law" but without the slightest pretense of legality. All three persons filed actions under 42 U.S.C. § 1983 against Taylor and his employer, the City of Gary. A jury decided in...

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