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McKENNA v. CITY OF MEMPHIS

No. 80-2002.

544 F.Supp. 415 (1982)

Kevin McKENNA and Barbara McKenna, Plaintiffs, v. CITY OF MEMPHIS and William Sarden, Defendants.

United States District Court, W. D. Tennessee, W. D.

June 30, 1982.

Attorney(s) appearing for the Case

Ronald D. Krelstein, Gerber, Gerber & Agee, Memphis, Tenn., for plaintiffs.

Henry L. Klein, Staff Atty., Memphis, Tenn., Clifford D. Pierce Jr., City Atty., Memphis, Tenn., for defendant, City of Memphis.

WELLFORD, District Judge.

Plaintiff, Kevin McKenna, and his wife brought an action seeking damages against defendant Sarden, a fellow police officer at the time of the episode in controversy, and the City of Memphis, then employer of both McKenna and Sarden. Plaintiffs' cause of action against Sarden was based on 42 U.S.C. § 1983 and on common law negligence. Plaintiffs' cause of action against the City of Memphis was based on 42 U.S.C. § 1983 and on

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