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TAYLOR v. COLLINS

No. 80-40335.

545 F.Supp. 459 (1982)

William H. TAYLOR, Sr., individually and as personal representative of the estate of William B. Taylor, Jr., and Mattie Taylor, Plaintiffs, v. Gerald COLLINS, individually and as a police officer in the City of Flint; Thomas L. Peek, individually and as a police officer in the City of Flint; Loren Ettema, individually and as a police officer of the City of Flint; Max Durbin, Chief of Police of the City of Flint Police Department, individually and in his official capacity; James Rutherford, individually and in his official capacity as Mayor of the City of Flint; and the City of Flint, a municipal corporation, jointly and severally, Defendants and Cross Plaintiffs, v. Mark EMMENDORFER, individually and as a police officer in the City of Flint, Defendant and Cross Defendant.

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

August 16, 1982.

Attorney(s) appearing for the Case

Tracy Collier-Nix, Thomas L. Stanley, Flint, Mich., for plaintiffs.

Frederick L. Schmoll, III, Flint, Mich., Mark E. Blumer, Crim. Div., Atty. Gen., Lansing, Mich., for defendants.

MEMORANDUM OPINION AND ORDER

NEWBLATT, District Judge.

The above-entitled case is before the Court on defendant Emmendorfer's motion to dismiss for lack of jurisdiction; plaintiffs and cross plaintiffs oppose the motion.

Plaintiffs' deceased was killed by a Flint police officer investigating a reported breaking and entering call. Plaintiffs sued the police officers involved, the City of Flint and state police employee Mark Emmendorfer under 42 U...

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