ORDER GRANTING AND PART AND DENYING IN PART OFFICERS' MOTION TO DISMISS AND/OR FOR SUMMARY JUDGMENT
McCALLA, District Judge.
This case is before the Court on the Motion to Dismiss and/or in the Alternative for Summary Judgment of Defendants Berryhill, Simcox, Boyce, Bonner, and Lucas to Amended Complaint, filed February 2, 2004. Plaintiff responded in opposition on March 5, 2004. The Officers filed a reply on May 4, 2004.
I. Background
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