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GATES v. MONTALBANO

No. 82 C 1269.

550 F.Supp. 81 (1982)

Douglas GATES, etc., Plaintiff, v. Michael MONTALBANO, Defendant.

United States District Court, N.D. Illinois, E.D.

Reconsideration Denied January 10, 1983.

Attorney(s) appearing for the Case

Janette C. Wilson, Chicago, Ill., for plaintiff.

William W. Kurnik, Kurnik & Knight, Ltd., Park Ridge, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

City of Dwight Police Officer Michael Montalbano ("Montalbano") has moved to dismiss the civil rights complaint of Douglas Gates ("Administrator Gates"), Administrator of the Estate of Waymon Gates ("Gates"). Administrator Gates sues under 42 U.S.C. §§ 1983 and 1985, claiming Montalbano's fatal shooting of Gates was without probable cause and a violation of Gates's constitutional rights.

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