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BRASWELL v. ELLIS

No. 5:94-CV-325-D3.

950 F.Supp. 145 (1995)

Mark Randolph BRASWELL, et al., Plaintiffs, v. Phillip Henry ELLIS, individually and in his official capacity as Sheriff of Edgecombe County; Jerry Amos Wiggs, individually and in his official capacity as a Deputy Sheriff of Edgecombe County; Robert Christopher Davis, individually and in his official capacity as a Deputy Sheriff of Edgecombe County, and Western Surety Company, Defendants.

United States District Court, E.D. North Carolina, Raleigh Division.

July 19, 1995.

Attorney(s) appearing for the Case

Melinda Lawrence, Patterson, Harkavy & Lawrence, Raleigh, NC, for Mark Randolph Braswell and Molly Braswell.

Robert H. Sasser, III, Mark Allen Davis, Womble, Carlyle, Sandridge & Rice, Raleigh, NC, for Phillip Henry Ellis.

ORDER DENYING MOTION FOR RECONSIDERATION

DUPREE, District Judge.

This matter is before the court on plaintiffs' motion for reconsideration of the court's January 20, 1995 order of judgment on the pleadings.

On May 6, 1994, plaintiffs filed a complaint pursuant to 42 U.S.C. § 1983 and state law alleging the use of excessive force relating to the death of the decedent, Newsome Earl Braswell. On October...

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