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SAMPLE v. BAILEY

No. 5:04CV344.

337 F.Supp.2d 1012 (2004)

Christopher SAMPLE, Plaintiff, v. Jason BAILEY, PTL., et al., Defendants.

United States District Court, N.D. Ohio, Eastern Division.

August 24, 2004.

Attorney(s) appearing for the Case

David C. Sheldon, Ashtabula, OH, Wesley A. Johnston, Wadsworth, OH, Craig T. Weintraub, Cleveland, OH, for Plaintiff.

Bruce H. Christensen, Jr., Patricia Ambrose Rubright, Akron, OH, for Defendants.

MEMORANDUM OPINION

DOWD, District Judge.

I. Introduction

Plaintiff, Christopher Sample, suffered seven gunshot wounds when he was shot by Defendant, Jason Bailey, a City of Akron Police Officer. Sample brings this action under the Civil Rights Act of 1871, 42 U.S.C. § 1983 (2003)1, contending that Bailey used unreasonable force2 against him thereby violating his rights under...

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