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AUSTIN v. TOWN OF BLACKSBURG

Civil Action No. 97-0541-R.

66 F.Supp.2d 771 (1998)

Catherine L. AUSTIN, Administratrix of the Estate of Maurice Taylor, deceased, Plaintiff, v. TOWN OF BLACKSBURG, et al., Defendants.

United States District Court, W.D. Virginia, Roanoke Division.

July 1, 1998.

Attorney(s) appearing for the Case

Billy Kenneth Cruey, B.K. Cruey, P.C., Shawsville, VA, for plaintiffs.

David B. Hart, Wooten & Hart, Roanoke, VA, Peter Duane Vieth, Wooten & Hart, P.C., Roanoke, VA, Kathleen Anne Dooley, Blacksburg Town Attorney, Blacksburg, VA, for defendants.

MEMORANDUM OPINION

WILSON, Chief Judge.

Catherine Austin ("plaintiff"), administratrix of the estate of her deceased son, Maurice Taylor, brought this action, asserting claims under 42 U.S.C. § 1983 and Virginia law, against the Town of Blacksburg ("Blacksburg") and three of its police officers, J.E. Keene, T.D. Wimmer, and Michael Mickey (collectively "officers"). The defendants, asserting qualified immunity and other defenses, moved for summary...

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