No. 08-2365.

600 F.3d 770 (2010)

ESTATE OF Rudy ESCOBEDO, (Deceased) (Raquel Hanic, Personal Representative of Estate), Plaintiff-Appellee, v. Martin BENDER, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 5, 2010.

Attorney(s) appearing for the Case

Gary D. Lebrato, Fort Wayne, IN, Michael K. Sutherlin, Attorney, Sutherlin & Associates, Indianapolis, IN, for Plaintiff-Appellee.

Robert T. Keen, Jr., Attorney, Carson Boxberger LLP, Fort Wayne, IN, for Defendants-Appellants.

Before MANION and KANNE, Circuit Judges, and KENDALL, District Judge.

KENDALL, District Judge.

Raquel Hanic, the personal representative of the estate of Rudy Escobedo ("the Estate"), filed suit pursuant to 42 U.S.C. § 1983 and Indiana state law against the City of Fort Wayne and against individual members of the Fort Wayne Police Department. Hanic asserted that the individual officers used excessive force against Escobedo when they deployed tear gas into his apartment in an attempt to extricate him from the unit where he had isolated...

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