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MASON v. HAMILTON COUNTY

No. IP 96-746-C H/G.

13 F.Supp.2d 829 (1998)

Matthew M. MASON, Plaintiff, v. HAMILTON COUNTY, Marion County, Jack Cottey, Jerry Cooper, Scott Minier, David Durant, Jim Fetters, Benny Diggs, Joe Cook, Dan Nickel, Dick Russell, Eric Parker, and Sand Creek Partners, L.P., d/b/a Deer Creek Music Center, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

July 14, 1998.

Attorney(s) appearing for the Case

Tim Philpot and John Roach, Philpot Ransdell Roach & Wier, Lexington, KY, for Plaintiff.

Daniel P. Byron, McHale, Cook & Welch, Indianapolis, IN, for Defendants Marion County, Jack Cottey, Jerry Cooper, Scott Minier, David Durant, and Eric Parker.

John F. Kautzman, Ruckelshaus Roland Hasbrook & O'Connor, Indianapolis, IN, for Defendants David Durant, Benny Diggs, and Eric Parker.

Michael A. Howard, Noblesville, IN, for Defendants Jim Fetters, Joe Cook, Dan Nickel, Dick Russell, and Hamilton County.

ENTRY ON PLAINTIFF'S MOTION FOR JUDGMENT AS A MATTER OF LAW AND FOR A NEW TRIAL

HAMILTON, District Judge.

This case presents the issue whether, as a matter of law, a police officer violated the Fourth Amendment's prohibition on excessive force by ordering a police dog to attack, bite, and hold a suspect. The suspect was apparently attempting to crash the gates of a concert. He was also fleeing from the officer's command to stop and his warning that the police...

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