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AUSTIN v. CITY OF EAST GRAND RAPIDS

No. G87-635.

685 F.Supp. 1396 (1988)

David AUSTIN, an individual, Plaintiff, v. CITY OF EAST GRAND RAPIDS, a Michigan Governmental Entity; Allen Darznieck, Individually and as an officer of the City of East Grand Rapids Police Department; Harry Wertman, Individually and as an officer of the City of East Grand Rapids Police Department; County of Kent, a Michigan Governmental Entity, Jointly and Severally, Defendants.

United States District Court, W.D. Michigan.

April 29, 1988.

Attorney(s) appearing for the Case

Marovich & Stroba by Richard D. Stroba, Kalamazoo, Mich., for plaintiff.

Darznieck & Wertman, Smith, Haughey, Rice & Roegge by Charles F. Behler, Grand Rapids, Mich., for defendant City of East Grand Rapids.

Varnum, Riddering, Schmidt & Howlett by Jon F. DeWitt, Timothy E. Eagle, Jacqueline D. Scott, Grand Rapids, Mich., for defendant Kent County.

OPINION

ENSLEN, District Judge.

Plaintiff David Austin brings this civil rights action pursuant to 42 U.S.C. §§ 1981 and 1983 arising out of the alleged failure of the City of East Grand Rapids ("City defendant"), East Grand Rapids police officers, Allen Darznieck and Harry Wertman ("City officers" or collectively with the City as the "City defendants") to bring him before a magistrate without undue delay. Plaintiff has also named defendant Kent...

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