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TRACY v. BITTLES

No. 4:92cv53AS.

820 F.Supp. 396 (1993)

Susan TRACY, as Special Administrator of the Estate of Steven J. Tracy, For and on Behalf of the ESTATE OF Steven J. TRACY, Plaintiff, v. Stephan BITTLES, Individually and as a Law Enforcement Officer for the City of Lafayette, Indiana; City of Lafayette, Indiana; Police Department of the City of Lafayette, Indiana, Board of Public Works and Safety of the City of Lafayette, Indiana, Defendants.

United States District Court, N.D. Indiana, Lafayette Division.

April 23, 1993.

Attorney(s) appearing for the Case

Mark Small, Indianapolis, IN, Caroline B. Briggs, Flora, IN, for plaintiff.

James S. Stephenson, Caren L. Pollack, Michael R. Morrow, Indianapolis, IN, for defendants.

MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

I. Introduction and Facts

This is a civil action brought by Susan Tracy, Special Administrator of the estate of Steven Tracy. This is an action brought under 42 U.S.C. § 1983 wherein it is alleged that the decedent, Steven Tracy, was shot and killed by one of the above named defendants. The plaintiff alleges that the shooting constituted an excessive and unreasonable use of force and that such...

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