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WILLIAMS v. POSEY

Civ. A. No. 79-3-ALB.

475 F.Supp. 133 (1979)

David WILLIAMS, Jr., Plaintiff, v. Johnny POSEY, David Stalvey, B. T. Osborne, Leslie Summerford, Individually and in their capacity as police officers, Albany Police Department, City of Albany, Defendants.

United States District Court, M. D. Georgia, Albany Division.

August 23, 1979.

Attorney(s) appearing for the Case

S. L. Tucker, Albany, Ga., for plaintiff.

James V. Davis, C. Richard Langley, Albany, Ga., for defendants.

OWENS, District Judge:

Plaintiff has sued the City of Albany and several of its police officers under 42 U.S. C.A. § 1983 for violations of his constitutional rights occasioned by a beating he allegedly suffered at the hands of the police officers. The City has moved for summary judgment on the ground that the plaintiff failed to give it ante litem notice of the claim as required by Ga.Code Ann. § 69-308. The motion presents the question of whether...

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