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GARVIN v. WHEELER

No. 01-3825.

304 F.3d 628 (2002)

Donna GARVIN, Individually and as Personal Representative of the Estate of Alexis Christopher Garvin, deceased, and Steve Garvin, Plaintiffs-Appellees, v. Lawrence A. WHEELER, Jr., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 28, 2002.

Attorney(s) appearing for the Case

Nathaniel Lee (argued), Lee Burns & Cossell, Indianapolis, IN, for Plaintiffs-Appellees.

Anthony W. Overholt (argued), Office of Corp. Counsel, City Counsel Legal Div., Indianapolis, IN, Jeffrey S. McQuary, Office of Corp. Counsel, Indianapolis, IN, for Defendant-Appellant.

Before CUDAHY, COFFEY, and WILLIAMS, Circuit Judges.

COFFEY, Circuit Judge.

This is a 42 U.S.C. § 1983 case in which the plaintiffs claim that police officer Lawrence Wheeler used excessive force against Alexis Garvin when he shot and killed Garvin during the course of a burglary investigation. On October 4, 2000, Judge S. Hugh Dillin1 denied Officer Wheeler's motion for summary judgment, ruling that there was a genuine issue of material fact regarding Officer Wheeler's credibility...

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