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ESTATE OF FUENTES EX REL. FUENTES v. THOMAS

No. Civ.A. 98-2408-CM.

107 F.Supp.2d 1288 (2000)

ESTATE OF David FUENTES, By and Through Administrator, Ulises Cerca FUENTES; Ulises Cerca Fuentes, Iris Cerca Fuentes, David Fuentes, and Dario Fuentes (minor children, by and through their friend and mother), Maria De Jesus Cerca, Plaintiffs, v. Dave THOMAS; Randy Listrom, Robert W. Youse, Troy Willard, Daniel Breci, Jason Cooper, Kurt Richter, Russell Klumpp, Doug Bane, Dean Forster, City of Topeka Law Enforcement Personnel, each in their individual capacities; and the City of Topeka, Defendants.

United States District Court, D. Kansas.

June 27, 2000.

Attorney(s) appearing for the Case

Henry O. Boaten, Topeka, KS, for Maria De Jesus Cerca.

James S. Pigg, David R. Cooper, Fisher, Patterson, Sayler & Smith, Topeka, KS, for Dave Thomas, City of Topeka Law Enforcement Personnel and City of Topeka, Kansas.

Deanne Watts Hay, Stanley R. Parker, Parker & Hay, LLP, Topeka, KS, for Randy Listrom.

Ann L. Hoover, Clutter, Hinkel & Aadalen, LLP, Topeka, KS, for Dean Forster.

MEMORANDUM AND ORDER

MURGUIA, District Judge.

This case arises from facts surrounding the execution of a search warrant by members of the Topeka, Kansas, Police Department at the residence of the decedent, David Fuentes, in the evening hours of August 26, 1997. The matter is before the court on the defendants' motions for summary judgment. (Docs. 85, 93 & 95). The court grants the motions for summary judgment in part as explained below.

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