HIRSCH v. BURKE

No. 93-1574.

40 F.3d 900 (1994)

Marilyn HIRSCH, as the Administratrix of the Estate of Stephen A. Hirsch, Plaintiff-Appellant, v. Steven BURKE, Individually and in his Official Capacity as a Police Officer for the City of Indianapolis, and Joseph McAtee, as Sheriff of Marion County, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 18, 1994.


Attorney(s) appearing for the Case

Michael K. Sutherlin (argued), Indianapolis, IN, for Marilyn Hirsch.

MaryAnn G. Oldham, Allen K. Pope, Dale R. Simmons (argued), Office of Corp. Counsel, City Counsel Legal Div., John C. Ruckelshaus, Ruckelshaus, Roland, Hasbrook & O'Connor, Indianapolis, IN, for Steven Burke.

MaryAnn G. Oldham, Allen K. Pope, Dale R. Simmons, Office of the Corp. Counsel, City Counsel Legal Div., Indianapolis, IN, for Joseph G. McAtee.

Before POSNER, Chief Judge, MANION, Circuit Judge, and ASPEN, District Judge.


MANION, Circuit Judge.

Marilyn Hirsch, as administratrix of the estate of her husband, Stephen A. Hirsch (who died in an automobile accident unrelated to this suit during the pendency of this litigation), brought this civil rights action under 42 U.S.C. § 1983 against Indianapolis Police Officer Steven Burke, in his individual and official capacities, and the Marion County Sheriff in his official capacity. Hirsch alleged the defendants violated her late husband...

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