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GREEN EX REL. ESTATE OF GREEN v. CITY OF WELCH

Civil Action No. 1:06-0159.

467 F.Supp.2d 656 (2006)

Helen GREEN, as Administratrix of the ESTATE OF Claude GREEN, Jr., Deceased, and as Personal Representative, Plaintiff, v. The CITY OF WELCH, a West Virginia Political Subdivision, and Robert K. Bowman, individually and in his official capacity as the Chief of Police of the Welch Police Department, Defendants.

United States District Court, S.D. West Virginia, at Bluefield.

December 22, 2006.

Attorney(s) appearing for the Case

Marshall S. Campbell, Athens, WV, Rose A. Saxe, American Civil Liberties Union Foundation, New York, NY, Terri S. Baur, ACLU of West Virginia Foundation, Charleston, WV, for Plaintiff.

Jaime M. Potts, Jeffrey K. Phillips, Joseph Anthony Tarantelli, Michael D. Mullins, Robert Lee Bailey, Steptoe & Johnson, David A. Barnette, Jackson Kelly, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

FABER, Chief Judge.

Pending before the court are defendants' Motion to Dismiss (Doc. No. 10) and plaintiff's motion for a hearing on the same (Doc. No. 14). Having reviewed the parties' briefs and determined that a hearing is unnecessary, the court denies plaintiffs motion. As set forth in detail below, the court also denies in part and grants in part defendants' Motion to Dismiss.

I. FACTUAL BACKGROUND<...

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