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FREDERICK v. KOZIOL

Civ. A. No. 89-594-N.

727 F.Supp. 1019 (1990)

Ireland "Jimmy" FREDERICK, Plaintiff, v. Joseph KOZIOL, Chief of Police, City of Portsmouth, Sued in his individual and official capacities, A. A. Thereault, Deputy Chief of Police, City of Portsmouth, Sued in his individual and official capacities, Donald Hundley, Lieutenant, Police Department, City of Portsmouth, Sued in his individual and official capacities, "Eddie" Tapman, Policeman, Police Department, City of Portsmouth, Sued in his individual and official capacities, "Bill" Dorson, Thomas C. Cimonetti, and First Hospital Corporation, a Virginia corporation, Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

January 9, 1990.

Attorney(s) appearing for the Case

William H. Hurd, Richmond, Va. and Gary C. Byler, Virginia Beach, Va., for plaintiff.

John A. Heilig and Carolyn P. Oast, Heilig, McKenry, Fraim & Lollar, Norfolk, Va., for defendants, Eddie Tapman, Bill Dorson, and First Hosp. Corp.

Stuart E. Katz, City Atty. and George M. Willson, Deputy City Atty. Portsmouth, Va., for defendants, Joseph Koziol, A.A. Thereault, and Donald Hundley.

E. Bradford Stillman, McGuire, Woods, Battle & Boothe, Norfolk, Va., for defendant, Thomas C. Cimonetti.

OPINION AND ORDER

SMITH, District Judge.

Plaintiff brings the present action under 42 U.S.C. § 1983 and under the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution. Defendants are First Hospital Corporation, which operates Portsmouth Psychiatric Hospital, and employees of First Hospital and/or the Police Department of the City of Portsmouth, Virginia. Plaintiff alleges that defendants deprived him of liberty without due process...

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