Court of Appeals for the Seventh Circuit October 22, 1998, 97-1890 (Allison Jenkins v. Keith Nelson)

HARLINGTON WOOD, Jr., Circuit Judge.

Chicago Police Officers Fred Hattenberger and Jay Brunkella were assigned surveillance duty in conjunction with an ongoing drug investigation. During the stakeout, the officers encountered the petitioner, Allison Jenkins. The officers approached Jenkins, and a struggle occurred between Jenkins and Officer Hattenberger. Officer Hattenber-ger’s gun discharged.