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DANIELS v. TERRELL

No. 90-1716C(6).

783 F.Supp. 1211 (1992)

Lawrence DANIELS, Plaintiff, v. Michael TERRELL, Defendant.

United States District Court, E.D. Missouri, E.D.

February 3, 1992.

Attorney(s) appearing for the Case

Michael Vitale, Herzog, Crebs & McGhee, St. Louis, Mo., for Lawrence Daniels.

Terence J. Corrigan, Asst. Atty. Gen., State of Ill., Springfield, Ill., for Michael Terrell.

MEMORANDUM OPINION

GUNN, District Judge.

Plaintiff Lawrence Daniels asserts a claim under 42 U.S.C. § 1983 against defendant Michael Terrell. Plaintiff alleges the use of excessive and unreasonable force by defendant in effecting plaintiff's arrest.

At plaintiff's behest, the case was tried without a jury.

The credible evidence establishes the following facts. Defendant Michael Terrell is an Illinois State Highway Patrolman. On April...

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