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SLOANE v. KANAWHA COUNTY SHERIFF DEPT.

No. CIV.A. 2:04-476.

342 F.Supp.2d 545 (2004)

Minee L. SLOANE and Clyde G. Sloane, Personal Representatives for the Estate of David Aron Sloane, Plaintiffs, v. KANAWHA COUNTY SHERIFF DEPARTMENT, a municipal corporation; K.S. Moore and S.C. Crosier, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

October 15, 2004.

Attorney(s) appearing for the Case

Cynthia Evans, Jason E. Huber, Forman & Huber, Charleston, WV, for Plaintiffs.

David F. Nelson, Schumacher Francis & Nelson, Charleston, WV, for Defendants.

ORDER

CHAMBERS, District Judge.

Pending is Defendant's motion to dismiss for failure to state a claim upon which relief can be granted. For the reasons set forth herein, the motion is DENIED.

1. Plaintiffs' Allegations1 and Procedural Background

On April 7, 2002, seventeen-year old David Sloane ("David"), the grandson of Plaintiffs Minee and Clyde Sloane, was accused of "date rape....

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