PENA v. LEOMBRUNI

No. 99-1435.

200 F.3d 1031 (1999)

Marilyn PENA, Administratrix of the Estate of Hugo Pena, Deceased, and on her own behalf, and Jeremy Pena, et al., Plaintiffs-Appellants, v. Greg LEOMBRUNI and Richard Meyers, individually and in their official capacity as employees of the Winnebago County Sheriff's Department, and County of Winnebago, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 30, 1999.


Attorney(s) appearing for the Case

Rene Hernandez (argued), Belvidere, IL, for Plaintiffs-Appellants.

Paul Logli, Office of the State's Attorney of Winnebago County, Rockford, IL, Sara M. Hohe (argued), Assistant State's Attorney, Civil Division, Rockford, IL, for Defendants-Appellees.

Before POSNER, Chief Judge, and FLAUM and DIANE P. WOOD, Circuit Judges.


POSNER, Chief Judge.

This is a civil rights suit, charging the use of excessive force by police in violation of the Fourth Amendment, Graham v. Connor, 490 U.S. 386, 395, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989), held applicable to the states through the due process clause of the Fourteenth Amendment. The jury brought in a verdict for the defendants; and construed favorably to the verdict, the facts are as follows. Leombruni, a...

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