BAYLESS v. CITY OF FRANKFORT

No. IP 96-0280-C-B/S.

981 F.Supp. 1161 (1997)

Gary BAYLESS and Brandy Bayless, Plaintiffs, v. CITY OF FRANKFORT Through and By the Frankfort City Council; Frankfort Police Dept; James Skinner, Individually and in his Official Capacity as Frankfort Chief of Police; Joseph Sheets, Individually and in his Official Capacity as a Frankfort Police Officer; and Eric Booth, Individually and in his Official Capacity as a Frankfort Police Officer, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

October 14, 1997.


Attorney(s) appearing for the Case

Arley Arthur, Indianapolis, IN, for Plaintiff.

Robert W. Wright, Locke, Reynolds, Boyd & Weisell, Indianapolis, IN, for Defendant.


ENTRY GRANTING SUMMARY JUDGMENT

BARKER, Chief Judge.

This matter comes before the Court on Defendants' motion for summary judgment seeking dismissal of Plaintiffs' 42 U.S.C. § 1983 civil rights claim. The motion is GRANTED because Plaintiffs have failed to establish that Defendants violated their federal constitutional rights.

FACTS

At approximately 6:30 p.m. on October 26, 1995, Officer Joseph Sheets ("Sheets") of the Frankfort...

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