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SMITH v. BROOKHAVEN, MISS., POLICE DEPT.

No. 2003-CA-01978-COA.

914 So.2d 180 (2005)

McNair SMITH, Jr., Appellant v. BROOKHAVEN, Mississippi, POLICE DEPARTMENT; City of Brookhaven, Mississippi; Officer Tecumseh Warren; Patrick Hardy; and John Doe "A" through "Z", Appellees.

Court of Appeals of Mississippi.

Rehearing Denied September 6, 2005.

Certiorari Denied November 10, 2005.

Attorney(s) appearing for the Case

Carroll Rhodes, Hazlehurst, attorney for appellant.

William Robert Allen, Robert O. Allen, Brookhaven, attorneys for appellee.

Before LEE, P.J., IRVING and GRIFFIS, JJ.

LEE, P.J., for the Court.

PROCEDURAL HISTORY

¶ 1. On April 8, 2002, McNair Smith, Jr., brought a personal injury tort action against the City of Brookhaven, the Brookhaven Police Department, Officer Tecumseh Warren, and Patrick Hardy. Smith alleged the following claims: false arrest, unreasonable seizure, violation of due process rights, malicious prosecution, abuse of process, gross negligence, and assault and battery. The City, the Police Department...

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