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HERNANDEZ v. CITY OF GOSHEN, INDIANA

No. 02-3268, 02-3269.

324 F.3d 535 (2003)

Jesus HERNANDEZ, Tabitha Hernandez and Ismael Garza, Plaintiffs-Appellants, v. CITY OF GOSHEN, Indiana, Goshen Police Department and Michael C. Murphy, Personal Representative of the Estate of Robert L. Wissman, Deceased, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 31, 2003.

Attorney(s) appearing for the Case

Timothy J. Walsh (argued), Anderson, Agostino & Keller, South Bend, IN, for Plaintiffs-Appellants in Nos. 02-3268 & 02-3269.

James S. Stephenson (argued), Stephenson, Daly, Morow & Kurnik, Indianapolis, IN, for Defendants-Appellees in Nos. 02-3268 & 02-3269.

Before FLAUM, Chief Judge, and EASTERBROOK and KANNE, Circuit Judges.

FLAUM, Chief Judge.

Plaintiffs Jesus Hernandez and Ismael Garza suffered injuries during a fatal shooting spree waged by a coworker at their manufacturing plant. Hernandez1 and Garza filed lawsuits seeking damages from the Defendants under 29 U.S.C. § 1983 and state tort law. Hernandez and Garza's § 1983 claims allege that the City of Goshen, through its police department (together "the City"), violated their constitutional right...

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