CLAUS v. MIZE

No. 02-1675.

317 F.3d 725 (2003)

Richard CLAUS, Plaintiff-Appellant, v. Brett MIZE, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

DECIDED January 23, 2003.


Attorney(s) appearing for the Case

F. Amin Istrabadi (argued), Boesch & Istrabadi, Valparaiso, IN, for Plaintiff-Appellant.

David L. Steiner (argued), Office of the Attorney General, Indianapolis, IN, for Defendant-Appellee.

Before BAUER, KANNE, and EVANS, Circuit Judges.


KANNE, Circuit Judge

Following an incident that occurred during a training exercise, Richard Claus, a former officer for the Indiana Department of Correction ("IDOC"), filed this § 1983 claim against fellow IDOC officer Brett Mize. The district court clerk entered a default against Mize, but that entry was set aside when the district court determined that service of process upon Mize was insufficient. For the reasons set forth below, we affirm the decision of...

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