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SEARCY v. CITY OF DAYTON

Nos. 93-4013, 93-4092.

38 F.3d 282 (1994)

Vickey SEARCY, Executrix of the Estate of Lawrence Eugene Hileman, and Jerry L. Smith, Plaintiffs-Appellants, Cross-Appellees, v. CITY OF DAYTON and James E. Newby, Defendants-Appellees, Cross-Appellants, Roger W. Waller and Dennis Michael, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 26, 1994.

Attorney(s) appearing for the Case

Terry L. Lewis (argued and briefed), Dayton, OH, for Vickey Searcy.

Carol J. Holm (argued and briefed), Dayton, OH, for Jerry L. Smith.

Neil Freund, Lisa A. Messe (argued and briefed), Freund, Freeze & Arnold, Dayton, OH, for City of Dayton and James E. Newby.

Roger W. Waller, pro se.

Dennis R. Michael, pro se.

Before: MILBURN and DAUGHTREY, Circuit Judges; and WEIS, Circuit Judge.

MILBURN, Circuit Judge.

Plaintiffs appeal the district court's grant of summary judgment to defendants City of Dayton and its police chief, James E. Newby in this 42 U.S.C. § 1983 action brought to recover damages for the death of one individual and for injuries to another individual inflicted by an off-duty police officer, defendant Roger W. Waller, and his friend, defendant Dennis Michael. Defendants cross-appeal the district court's denial of summary judgment...

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