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KENNEDY v. HUGHES

Civ. A. No. 82-473 MMS.

596 F.Supp. 1487 (1984)

William KENNEDY and Karolyne Kennedy, his wife, Plaintiffs, v. John HUGHES, Mayor of the City of Rehoboth Beach, Delaware; Richard Derrickson, Commissioner of the City of Rehoboth Beach, Delaware; James Phelan, Commissioner of the City of Rehoboth Beach, Delaware; Mary Burt Lankford, Commissioner of the City of Rehoboth Beach, Delaware; Eleanor Lynam, Commissioner of the City of Rehoboth Beach, Delaware, and Samuel Cooper, Commissioner of the City of Rehoboth Beach, Delaware, all individually, personally, and in their official capacity as Mayor and Commissioners of the City of Rehoboth Beach, Delaware, respectively, and The City of Rehoboth Beach, Delaware, a Municipal Corporation of the State of Delaware, and Harry Maichle, Chief of Police of the City of Rehoboth Beach, Delaware (Chief Maichle is joined only for injunctive purposes at this time), Defendants.

United States District Court, D. Delaware.

November 7, 1984.

Attorney(s) appearing for the Case

Robert C. Wolhar, Jr., Wolhar & Moore, Georgetown, Del., for plaintiffs.

Carl Schnee, and Sam Glasscock, III, Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, Del., for defendants.

OPINION

MURRAY M. SCHWARTZ, District Judge.

Plaintiffs William and Karolyne Kennedy ("the Kennedys") brought this action for damages and injunctive relief under 42 U.S.C. § 1983 against the City of Rehoboth Beach, Delaware, and its Chief of Police, Harry Maichle, in his official capacity. Additional defendants, in their official and individual capacities, are the Mayor, John Hughes, and five City Commissioners. The Kennedys challenge the constitutionality...

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