BLAKE v. TOWN OF DELAWARE CITY

Civ. A. No. 76-108.

441 F.Supp. 1189 (1977)

Franklin R. BLAKE, Plaintiff, v. The TOWN OF DELAWARE CITY, Delaware, a Municipal Corporation, Philip Cruchley, Individually and in his capacity as former Mayor of the Town of Delaware City, Delaware, Richard T. Gannon, Robert Janiszewski, and Robert Harrison, Individually and in their capacity as former Council Members of the City Council of the Town of Delaware City, Delaware, Emilie Tugend, Individually and in her capacity as former Mayor of the Town of Delaware City, Delaware, William Press, Lawrence Gicker, Richard T. Gannon, Robert Harrison, and Maurice McCarthy, Individually and in their capacity as Council Members of the City Council of the Town of Delaware City, Delaware, G. W. Griffin, Individually and in his capacity as Chief of Police of the Town of Delaware City, Delaware, David Denick, Individually and in his capacity as Patrolman, Police Department, Town of Delaware City, Delaware, Warner T. Foraker, Kennard Harding, and John F. Boyer, Jr., Individually and in their capacity as members of the Police Advisory Board of the Town of Delaware City, Delaware, James Baker and Nicholas DeLeo, Individually and in their capacity as owners of Baker and DeLeo Auto Parts, Defendants.

United States District Court, D. Delaware.

November 14, 1977.


Attorney(s) appearing for the Case

John B. Kennedy of Kennedy & Kennedy, Wilmington, Del., for plaintiff.

Sheldon N. Sandler of Bader, Dorsey & Kreshtool, Wilmington, Del., for all defendants except James Baker and Nicholas DeLeo.

Morton R. Kimmel of Kimmel & Spiller, P.A., Wilmington, Del., for defendants, James Baker and Nicholas DeLeo.


LATCHUM, Chief Judge.

In this case, the plaintiff, Franklin R. Blake ("Blake"), seeks compensatory and punitive damages in the amount of $2 million dollars for alleged violations of his constitutional rights.1 The defendants are the Town of Delaware City, eleven individuals who hold or have held positions in the government or on the police force of Delaware City (together with Delaware City, hereinafter collectively referred to as "municipal...

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