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EBERLE v. CITY OF NEWTON

No. 02-1348-JTM.

289 F.Supp.2d 1269 (2003)

Reena EBERLE, Plaintiff, v. CITY OF NEWTON, Kansas; Richard Daily, as Chief of Police for The City of Newton and individually; and Brad McMichael, as a police officer for The City of Newton, and individually, Defendants.

United States District Court, D. Kansas.

October 30, 2003.

Attorney(s) appearing for the Case

Frank J. Kamas, Terry D. Smith, Render Kamas, L.C., Wichita, KS, Richard C. Morgan, Morgan Law Offices, Newton, KS, for Plaintiff.

Chanda M. Feldkamp, J. Steven Pigg, Teresa L. Sittenauer, Fisher, Patterson, Sayler & Smith, Topeka, KS, Susan P. Selvidge, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, for Defendants.

MEMORANDUM AND ORDER

MARTEN, District Judge.

Plaintiff Reena Eberle has brought the present action under 42 U.S.C. § 1983 against defendants alleging she was subjected to excessive force while in the custody of the City of Newton, Kansas Police Department. The defendants in the case are the City of Newton, Newton Police Chief Richard Daily, and Brad McMichael, a former Newton Police Officer The defendants have filed motions for summary judgment, with...

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