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42, Nos. 77-1698, 77-1210 & 77-1370 judge concluded in his Summary that “Brenda Harris fired a shot which went past Groth’s shoulder.” This find- ing was made-in disregard of Harris’ testimony to the contrary and the physical evidence offered at trial. Ad- ditionally, the trial court ignored the testimony of John- son and Truelock and determined that “the evidence is conclusive that [Hampton] was shot three times and that he was dead when Deborah Johnson and Louis Truelock left the bedroom.” The court also weighed the conflicting evidence of the experts and found that the evidence: in- troduced by plaintiffs’ toxologist, Dr. Eleanor Berman, was “in error.” In light of the evidence presented by plaintiffs, the question of the seven shooting police officers’ liability should have been submitted to the jury. Accordingly, we reverse the verdicts directed in favor of these police of- ficers on the individual counts. . B. Nonshooters In addition to their conspiracy allegations, plaintiffs have presented a prima facie case under section 1983 against the nonshooters on the basis of their nonfeasance at the BPP apartment. This court previously imposed liability in damages for nonfeasance in Byrd v. Brishke, 466 F.2d 6 (7th Cir. 1972). The facts in Byrd are strikingly similar to those alleged in the case at bar. In Byrd Chicago police officers failed to deter other officers who, in their presence, beat the plaintiff with fists and clubs. Holding that purposeful nonfeasance of such magnitude could serve as the basis of tort liability under section 1983, we stated that “one who is given the badge of authority of a police officer may not ignore the duty imposed by his office and fail to stop other officers who Rae punish a third person in his presence.” 466 2d at 11. Plaintiffs in this case assert that the nonshooters are liable, under the rule in Byrd, for failing to assist or protect the wounded occupants. The officers entered the apartment immediately after the firing ceased and plaintiffs testified that the nonshooters were present during the beatings and abuse which they said followed