FITZPATRICK v. CITY OF FORT WAYNE

Case No. 1:07-CV-259-RBC.

JACK FITZPATRICK, Individually and as Father and Legal and Natural Guardian of D.F. (a minor), Plaintiff, v. CITY OF FORT WAYNE, and OFFICER BOBBY LEMON, Defendants.

United States District Court, N.D. Indiana, Fort Wayne Division.

March 19, 2009.


OPINION AND ORDER

ROGER B. COSBEY, Magistrate Judge.

I. INTRODUCTION

On November 4, 2005, E.J., a student at Miami Middle School in Fort Wayne, Indiana, was attacked by a group of boys in the school's hallway and later in the boys bathroom, where they repeatedly kicked him. A security camera recorded the events in the hallway but not in the boys bathroom. As the footage shows, another student, D.F., was walking nearby when...

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