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DISMUKES v. HACKATHORN

Civ. A. No. EC 90-149-D-O.

802 F.Supp. 1442 (1992)

Theodore DISMUKES and Pinkie Stratton, Plaintiffs, v. Bruce E. HACKATHORN; Starkville Police Department; Sergeant Todd Salmon, in his individual capacity and as a member of the Starkville Police Department; Bud Maxey, in his individual capacity and as the Chief of the Starkville Police Department City of Starkville; R.L. McDavid, as the Mayor of the City of Starkville; Bob Smith, Ed Buckner, Mary Lee Beal, Wendall Gibson, Emmett Smitherman, Melvin Rhodes, and Harold Williams, as Aldermen of the City of Starkville, Defendants.

United States District Court, N.D. Mississippi, E.D.

August 13, 1992.

Attorney(s) appearing for the Case

William E. Ready, Jr., Meridian, Miss., for plaintiffs.

William T. Siler, William C. Brabec, T. Keith Ball, Jackson, Miss., for defendants.

MEMORANDUM OPINION

DAVIDSON, District Judge.

A high-speed police pursuit provides the impetus for this civil rights action, framed within 42 U.S.C. § 1983. Plaintiffs allege excessive force was used to apprehend a traffic offender in violation of their Fourth and Fourteenth Amendment rights.2 In response, defendants move this court for summary judgment pursuant to Rule 56 of Federal Rules of Civil Procedure. Based on its...

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