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MILLER v. HEAVEN

No. 92-4295-SAC.

922 F.Supp. 495 (1996)

Kimberly MILLER, Plaintiff, v. Officer Chris HEAVEN, as an Officer of the City of Topeka, Kansas, and as an Individual, Defendant.

United States District Court, D. Kansas.

March 19, 1996.

Attorney(s) appearing for the Case

Lee R. Barnett, Keith E. Renner, Jon E. Thornbrugh, Barnett, Yockers & Renner, P.A., Wakarusa, KS, C. Richard Comfort, Comfort Law Office, Minneapolis, KS, Max A. Eulert, Manhattan, KS, for plaintiff.

Michael S. Greiving, William E. Enright, Scott, Quinlan & Hecht, Topeka, KS, for defendants.

MEMORANDUM AND ORDER

CROW, District Judge.

On October 30, 1995, trial in this excessive force/first amendment case commenced. In this § 1983 action, Miller sought to impose liability against Officer Chris Heaven for violation of her first amendment right to free speech and for violation of her fourth amendment right to be free from the use of excessive force. Greatly simplified, on August 5, 1992, Miller was arrested by Officer Bill White.

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