AMBROSE v. WHEATLEY

Civ. A. No. 3627.

321 F.Supp. 1220 (1971)

Nona M. AMBROSE, Administratrix of the Estate of Roy W. West, Jr., deceased, Plaintiff, v. Kenneth W. WHEATLEY et al., Defendants.

United States District Court, D. Delaware.

February 12, 1971.


Attorney(s) appearing for the Case

Sheldon N. Sandler and Jacob Kreshtool, of Bader, Dorsey & Kreshtool, and Samuel V. Abramo of Biggs & Battaglia, Wilmington, Del., for plaintiff.

William Prickett, of Prickett, Ward, Burt & Sanders, Wilmington, Del., for defendants.


MEMORANDUM OPINION

LATCHUM, District Judge.

This action was brought under the Delaware Wrongful Death Statute, 10 Del.C. § 3704(b), and the Civil Rights Act of 1871, 42 U.S.C. § 1983,1 to recover damages for the death of Roy W. West, Jr. ("West"), who was shot and killed by Trooper Kenneth W. Wheatley ("Wheatley") of the Delaware State Police.2 Jurisdiction exists in this Court by virtue...

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