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M.D. EX REL. DANIELS v. SMITH

Civil Action No. 3:04cv877-MHT.

504 F.Supp.2d 1238 (2007)

M.D., a minor, by and through his next friends and parents, Carlton and Patricia DANIELS, Plaintiff, v. Lloyd SMITH, Lee County Sheriff Deputy, in his individual capacity, Defendant.

United States District Court, M.D. Alabama, Eastern Division.

August 27, 2007.

Attorney(s) appearing for the Case

Dwayne L. Brown, Dwayne L. Brown PC, Montgomery, AL, for Plaintiff.

Bart Gregory Harmon, Webb & Eley, P.C., Montgomery, AL, for Defendant.

OPINION

MYRON H. THOMPSON, United States District Judge.

Plaintiff M.D., a minor, brings this lawsuit against defendant Lloyd Smith, in his individual capacity, under the Fourth and Fourteenth Amendments to the United States Constitution, as enforced through 42 U.S.C.A. § 1983, and under Alabama state law.1 According to M.D., Deputy Sheriff Smith forcefully removed M.D. from his car, slammed his head against the trunk of...

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