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BERRY v. BROWN

No. 97-2439.

140 F.3d 731 (1998)

Keiphan J. BERRY, Plaintiff-Appellant, v. Robert A. BROWN, individually and in his capacity as a Porter County Police Officer; County of Porter; and Porter County Police Department, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 9, 1998.

Attorney(s) appearing for the Case

Ivan E. Bodensteiner (argued), Valparaiso, IN, for Plaintiff-Appellant.

Elizabeth A. Knight (argued), Knight, Hoppe, Fanning & Knight, Des Plaines, IL, Gwenn R. Rinkenberger, Valparaiso, IN, for Robert A. Brown, Tim Emmons and John P. Kuehl.

Gwenn R. Rinkenberger, Valparaiso, IN, for Porter County and Porter County Police Department.

Before FLAUM, DIANE P. WOOD, and EVANS, Circuit Judges.

Terence T. EVANS, Circuit Judge.

Does a police officer violate the Equal Protection Clause when, in the midst of a heated exchange, he tells a citizen to go back where he came from? What if the citizen is black, the place he came from has a large black population, and the place he is asked to leave is lily-white? Keiphan Berry, the citizen, thought the answer was "yes" so he filed a § 1983 suit against the officer, Robert Brown. But a jury didn't see it his way...

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