MEMORANDUM AND ORDER
NEWCOMER, District Judge.
We have before us an action for damages brought under 42 U.S.C. § 1983 for the death of Gary Louis Phillips when he was fatally shot by Defendant John Ward. Both parties agreed to try the case before this Court without a jury.
In this opinion, we consider only the liability issue, and herein incorporate as required by F.R.C.P. 52(a), our findings of fact and conclusions of law on this issue.
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