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WINTERS v. CITY OF WEST LAFAYETTE

No. 4:11-CV-49-PPS-PRC.

BRANDON M. WINTERS, Plaintiff, v. CITY OF WEST LAFAYETTE, INDIANA, et al. Defendants.

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

December 29, 2014.

Attorney(s) appearing for the Case

Brandon M Winters, Plaintiff, represented by J Michael Katz, Goodman Katz & Scheele & Stephen Edward Scheele, Goodman Katz & Scheele.

David Smith, Defendant, represented by Ian L Stewart, Stephenson Morow & Semler & James S Stephenson, Stephenson Morow & Semler.

OPINION AND ORDER

PHILIP P. SIMON, Chief District Judge.

West Lafayette Police Officer David Smith shot Brandon Winters in the neck while trying to arrest Winters for an attempted robbery in September 2009. Winters survived the shooting and filed this lawsuit under 42 U.S.C. § 1983 alleging Smith and the City of West Lafayette violated his constitutional rights by using excessive force during the arrest. The Defendants have moved for summary judgment...

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