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SMITH v. BALL STATE UNIV.

No. 01-4086.

295 F.3d 763 (2002)

Derek A. SMITH, Plaintiff-Appellant v. BALL STATE UNIV., Ball State Univ. Board of Trustees, Ball State Univ. Police Dept., John Rogers, John Foster, Craig Hodson and Rhonda Clark, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 8, 2002.

Rehearing Denied August 29, 2002.

Attorney(s) appearing for the Case

John B. Powell (argued), Nathan Williams (argued), Shambaugh, Kast, Beck & Williams, Fort Wayne, IN, for Plaintiff-Appellant.

James S. Stephenson, Mark Alan Holloway (argued), Stephenson, Daly, Morow & Kurnik, Indianapolis, IN, for Defendant-Appellees.

Before FLAUM, Chief Judge, and BAUER and ROVNER, Circuit Judges.

FLAUM, Chief Judge.

Plaintiff-Appellant Derek A. Smith filed suit under 42 U.S.C. §§ 1983 and 1988 alleging that John Rogers, John Foster, Craig Hodson and Rhonda Clark (collectively "Defendants" or "the officers"), all members of the Ball State University Police Department, used excessive force in detaining him. The district court granted summary judgment in favor of Defendants, and Smith appeals. For the reasons...

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