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LOPEZ v. MODISITT

No. G75-279CA5.

488 F.Supp. 1169 (1980)

John LOPEZ and Irene Lopez, Plaintiffs, v. William MODISITT, and other unknown federal officers, John Bayliss, individually and in his capacity as Supervisor of the Metropolitan Narcotics Squad, other unknown officers of the Lansing Metropolitan Narcotics Squad, Thomas O'Toole, individually and in his capacity as Chief of Police of the City of Lansing, Defendants.

United States District Court, W. D. Michigan, S. D.

April 4, 1980.

Attorney(s) appearing for the Case

H. Eugene Bennett, Lansing, Mich., for plaintiffs.

J. Terrance Dillon, Asst. U. S. Atty., Grand Rapids, Mich., for defendants.

OPINION AND ORDER

BENJAMIN F. GIBSON, District Judge.

This action arises out of an alleged false arrest and assault of plaintiffs John and Irene Lopez by defendant William Modisitt, along with members of the Lansing Metro Squad pursuant to an arrest warrant issued by Honorable Stephen W. Karr.

Defendant Modisitt alone has requested this Court to dismiss the Lopez cause of action pursuant to Rule 12(b) and Rule 56 of the Federal Rules of Civil Procedure...

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