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GUSEMAN BY GUSEMAN v. MARTINEZ

No. 96-1074.

1 F.Supp.2d 1240 (1998)

Paul GUSEMAN, by his next friend and legal guardian, Evelyn GUSEMAN; Ernest Moulos, Administrator of the Estate of Penny S. Guseman, Deceased, Plaintiffs, v. Orlando MARTINEZ, Robert Shea, Brian C. Falco, Eric S. Tims, David Gorges, Dennis A. Wilson, and the City of Wichita, Kansas, a Municipal Corporation, Defendants.

United States District Court, D. Kansas.

February 17, 1998.

Attorney(s) appearing for the Case

Garry L. Howard, Dale V. Slape, Slape & Howard, Chartered, Wichita, KS, Michael B. Brewer, Wichita, KS, for Plaintiffs.

Blaise R. Plummer, Law Dept., Wichita, KS, Edward L. Keeley, McDonald, Tinker, Skaer, Quinn & Herrington, Wichita, KS, H.E. Jones, Wichita, KS, for Defendants.

Memorandum and Order

WESLEY E. BROWN, Senior District Judge.

This suit arises out of the death of Penny Guseman. Ms. Guseman was taken into custody by Wichita Police officers following a disturbance and was shackled and handcuffed with her hands behind her back in a prone position. She died shortly thereafter from what the coroner determined was "positional asphyxiation." Plaintiffs subsequently brought this action alleging that the defendants, acting...

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