OPINION
GILMORE, District Judge.
This case arose from an incident in August 1986 when Jamie Newcomb attempted to rob a 7-11 Store in the City of Troy. Troy Police Officers entered the store and, in the course of apprehending Newcomb, one of the officers fired a single shot and struck Newcomb in the back of the head. Newcomb, by his Conservator, brought suit in this Court alleging that the shooting violated his rights under several federal statutes, the United...
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