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PAYNE v. HUMBOLDT COUNTY

No. C-82-5190 EFL.

655 F.Supp. 1341 (1987)

John PAYNE, as Administrator of the Estate of Virgil Payne; Sallie Payne, as Administrator of the Estate of Oscar Payne; and Sallie Payne, individually, Plaintiffs, v. COUNTY OF HUMBOLDT; the Estate of Gene Cox, By and Through its Administrator Shirley Cox, individually; Dan Bessette and Timothy McCollister, Defendants.

United States District Court, N.D. California.

March 18, 1987.

Attorney(s) appearing for the Case

Eric P. Schnurmacher, Oakland, Cal., for plaintiffs.

Clifford Mitchell, Mitchell, Dedekam & Angell, Eureka, Cal., for defendants.

ORDER

LYNCH, District Judge.

This action involves claims arising out of the death of Virgil Payne, who was shot three times and killed by a Humboldt County deputy sheriff. Before Mr. Payne died, two deputy sheriffs allegedly kicked him several times in the head. The complaint alleges causes of action under 42 U.S.C. section 1983 against the two deputy sheriffs involved in the incident, the former sheriff of Humboldt County, and the County of Humboldt. The...

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