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WHITE v. GERARDOT

No. 07-1418.

509 F.3d 829 (2007)

Arlinthia WHITE, Individually and as Personal Representative of the Estate of Derrick Ford, Deceased, Plaintiff-Appellee, v. Mark GERARDOT, in his Individual Capacity, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 5, 2007.

Attorney(s) appearing for the Case

Thomas A. Manges, Roby, Hood & Manges, Fort Wayne, IN, Heather A. Jefferson (argued), Fieger, Fieger, Kenney & Johnson, Southfield, MI, for Plaintiff-Appellee.

Carolyn M. Trier (argued), Hunt Suedhoff Kalamaros, Fort Wayne, IN, for Defendant-Appellant.

Before BAUER, RIPPLE and KANNE, Circuit Judges.

RIPPLE, Circuit Judge.

Arlinthia White, individually and as personal representative of the Estate of Derrick Ford, filed this action under 42 U.S.C. § 1983. Ms. White alleges that Mark Gerardot, a Fort Wayne, Indiana police officer, violated Ford's Fourth and Fourteenth Amendment rights when he used excessive force to seize Ford. The district court1 denied Detective Gerardot's motion for summary judgment based on qualified immunity...

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