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HARRIS v. CITY OF VIRGINIA BEACH, VA.

Civil Action No. 2:93cv1151.

923 F.Supp. 869 (1996)

Brendhan B. HARRIS, Plaintiff, v. The CITY OF VIRGINIA BEACH, VIRGINIA, et al., Defendants.

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

April 29, 1996.

Attorney(s) appearing for the Case

Charles Thomas Weigel, Jr., Clark & Stant, P.C., Virginia Beach, VA, Abram William VanderMeer, Jr., Clark & Stant, P.C., Virginia Beach, VA, for Brendhan B. Harris, plaintiff.

Charles Bernard Miller, Assistant City Attorney, Virginia Beach, VA, Richard Jay Beaver, Office of the City Attorney, Virginia Beach, VA, for City of Virginia Beach, VA, Lt. G.M. Van Auken, III, defendant, Capt. M.E. Beane, defendant, Capt. W.W. Baker, defendant, Maj. D.G. McCloud, defendant, Chief Charles R. Wall, individually and as Officers of the Department of Police, City of Virginia Beach, Virginia, defendant, Fagan D. Stackhouse, Individually and as the Director of the Department of Human Resources, City of Virginia Beach, Virginia, defendant, James K. Spore, individually and in his official capacity as City Manager of the City of Virginia Beach, Virginia.

MEMORANDUM OPINION ORDER

JACKSON, District Judge.

INTRODUCTION

This matter comes before the Court upon Plaintiff's motion to stay the mandate issued by the United States Court of Appeals for the Fourth Circuit and the City of Virginia Beach's motion to dismiss Count II of Plaintiff's complaint or, in the alternative, to order a new trial. Plaintiff filed its motion on February 9, 1996 seeking a stay of the mandate pending disposition of...

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