MILES v. KILGORE

Civil No. 96-HM-0801-J.

928 F.Supp. 1071 (1996)

Bennie MILES, Jr., individually; Darmeta Miles, individually; Bennie Miles, III, individually; Bennie Miles, IV, by and through his next friend and guardian Darmeta Miles; Mariah Hagler, by and through her next friend and guardian Darmeta Miles; Jasmine Hagler, by and through her next friend and guardian Darmeta Miles; Jonathon Hagler, by and through his next friend and guardian Darmeta Miles; and Nicolas Hagler, by and through his next friend and guardian Darmeta Miles, Plaintiffs v. Tim KILGORE, individually and in his official capacity as Project Director of the Walker County Narcotics Enforcement Team and Police Officer for City of Jasper; John Mark Tirey, individually and in his official capacity as Sheriff of Walker County, Alabama; Joe Filyaw, individually and in his official capacity as Police Chief of the City of Jasper, Alabama; Larry Cantrell, individually and in his official capacity as a Jasper Police Officer; and Mike Clark, individually and in his official capacity as a Jasper Police Officer; Defendants B, C, D and E being those who are officers, agents or employees of the Jasper Police Department who are responsible for inflicting the injuries suffered by the plaintiffs as set forth in the complaint below; Defendants F, G, H and I being those individuals who are officers, agents or employees of the Walker County Sheriff's Department who are responsible for inflicting the injuries suffered by the plaintiffs as set forth in the complaint below; Defendants J, K, L and M being those entities responsible for the training or hiring of defendants above named members of the Walker County Sheriff's Department and or the Jasper Police Department; Defendants N, O, P and Q, being those entities who participated in the organizing or planning of the "raid" on the plaintiffs' residence as alleged in the complaint; the true names of Defendants B-Q are unknown at this time but will be added by amendment when ascertained, Defendants.

United States District Court, N.D. Alabama, Jasper Division.

June 5, 1996.


Attorney(s) appearing for the Case

William J. Baxley, Stewart Davidson McKnight, III, Baxley Dillard Dauphin & McKnight, Birmingham, AL, Erskine R. Mathis, Mathis Harris & Sanford, Birmingham, AL, for plaintiffs.

James R. Shaw, Huie Fernambucq & Stewart, Birmingham, AL, Jerry Kern Selman, Selman & Selman, Jasper, AL, for Tim Kilgore, Joe Filyaw, Larry Cantrell, Mike Clark.

James R. Shaw, Huie Fernambucq & Stewart, Birmingham, AL, Kendrick E. Webb, Webb & Eley P.C., Montgomery, AL, for John Mark Tirey.


MEMORANDUM OPINION

HALTOM, Senior District Judge.

The above-entitled state court civil action was commenced by and/or on behalf of the eight [8] Plaintiffs hereinabove identified in the case caption of this Order against the five [5] specifically identified law enforcement officers designated in the case caption hereof and against the sixteen [16] fictitious party defendants identified alphabetically as "B" through "Q", inclusive, via Plaintiffs'...

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