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KELLEY v. CITY OF MICHIGAN CITY

No. 3:02 CV 626.

300 F.Supp.2d 682 (2004)

Brett A. KELLEY, Sr., Plaintiff, v. CITY OF MICHIGAN CITY, Northern Indiana Commuter Transportation District, Officer Bryan C. Warsanen, Officer McClintock, and Officer Timothy Richardson, Defendants.

United States District Court, N.D. Indiana, South Bend Division.

January 12, 2004.

Attorney(s) appearing for the Case

Anna M. Hearn, Valparaiso, F. Amin Istrabadi, Valparaiso, IN, for Plaintiff/Petitioner.

Bruce P. Clark, Timothy M. Swan, Aimee Christine Zemaitis, and Stacy Jean Vasilak, Munster, IN, City of Michigan City, (Officers McClintock and Richardson), Charles F.G. Parkinson, L. Charles Lukmann III, (Northern Indiana Commuter Transportation District, Bryan C. Warsanen, Officer), for defendants

MEMORANDUM AND ORDER

ALLEN SHARP, District Judge.

In this matter, there are two remaining motions for summary judgment which need to be addressed. The first motion for summary judgment was filed by Defendants City of Michigan City, and Officers McClintock, Richardson, and Zummak. However, it should be noted that Officer Zummak is no longer a party to this case due to his dismissal by Order of this Court on or about January 7, 2004. Therefore, only the City...

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