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STROIK v. PONSETI

No. 92-3591.

35 F.3d 155 (1994)

Monica STROIK, Plaintiff-Appellee, v. Wilbur PONSETI and Warren G. Woodfork, Defendants, Wilbur Ponseti, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 27, 1994.

Attorney(s) appearing for the Case

Franz L. Zibilich, Asst. City Atty., Brett J. Prendergast, William D. Aaron, City Attys., Frank DeSalvo, New Orleans, LA, for appellant.

Dennis P. Couvillion, James H. Minge, James H. Minge & Associates, New Orleans, LA, for appellee.

Before GARWOOD and BARKSDALE, Circuit Judges and SHAW, District Judge.

GARWOOD, Circuit Judge:

Defendant-appellant Wilbur Ponseti (Ponseti) appeals the trial court's denial of his motion for judgment as a matter of law in this suit under 42 U.S.C. § 1983 alleging Ponseti's excessive use of force. Because we find that Ponseti's use of deadly force was objectively reasonable, we conclude that the trial court erred in denying Ponseti's motion. Accordingly, we reverse.

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