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VELLEFF v. CANTWELL

No. 83 C 5483.

630 F.Supp. 346 (1986)

Randy VELLEFF, Plaintiff, v. William CANTWELL, et al., Defendants.

United States District Court, N.D. Illinois, E.D.

March 21, 1986.

Attorney(s) appearing for the Case

Donald N. Novelle of Serpico, Novell, Dvorak & Navigato, Chicago, Ill., for plaintiff.

James R. Shirott and John T. Elsner, Schirott & Elsner, Itasca, Ill., Maryellen Provenzale, DuPage Co. State's Atty's. Office, Wheaton, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

DUFF, District Judge.

Defendants move for summary judgment in this action for excessive use of force under 42 U.S.C. § 1983, on the ground that plaintiff's injuries were insufficiently severe to meet the standard established in Gumz v. Morrissette, 772 F.2d 1395, 1400 (7th Cir.1985). Gumz held that "the use of force by a state officer is unconstitutional if it: 1) caused severe...

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