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ESTATE OF PHILLIPS v. CITY OF MILWAUKEE

No. 96-2628.

123 F.3d 586 (1997)

ESTATE OF James PHILLIPS, III, and Raye M. Phillips, Special Administratrix of the Estate of James Phillips, III, and on her own behalf, Plaintiffs-Appellants, v. CITY OF MILWAUKEE, Philip Arreola, Theodore Busch, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 15, 1997.

Rehearing and Suggestion for Rehearing Denied September 23, 1997.

Attorney(s) appearing for the Case

Thomas E. Hayes (argued), Nathaniel D. Rothstein, Ronald C. Shikora, Milwaukee, WI, for Plaintiff-Appellant.

Grant F. Langley, Susan E. Lappen (argued), Office of the City Attorney, Milwaukee, WI, for Defendants-Appellees.

Before BAUER, RIPPLE and MANION, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 23, 1997.

RIPPLE, Circuit Judge.

Milwaukee police officers were called to the Ambassador Hotel on May 6, 1993 to remove James Phillips, III from his room. When the officers arrived, he put up a struggle that escalated until the officers handcuffed Mr. Phillips and placed him face down on the floor. Mr. Phillips then stopped breathing and died the next day. His mother, Raye Phillips, as special...

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