LEE v. CITY OF SOUTH CHARLESTON

Civil Action No. 2:08-0289.

668 F.Supp.2d 763 (2009)

Ivan H. LEE, II, Plaintiff v. CITY OF SOUTH CHARLESTON, a municipal corporation; Frank A. Mullens, Jr., in his official capacity as Mayor of City of South Charleston; Brad L. Rinehart, in his official capacity as the Chief of Police for the City of South Charleston; Bobby Yeager, as an individual and in his official capacity as a Police Officer for the City of South Charleston; D.J. Pauley, as an individual and in his official capacity as a Police Officer for the City of South Charleston; and John Doe, John Noe, and John Roe, Police Officers of the City of South Charleston, whose true names are unknown, Defendants.

United States District Court, S.D. West Virginia, Charleston.

August 28, 2009.


Attorney(s) appearing for the Case

Melissa Foster Bird, Huddleston Bolen, Huntington, WV, Terri S. Baur, ACLU of West Virginia Foundation, Charleston, WV, for Plaintiff.

Duane J. Ruggier, II, J. Victor Flanagan, Pullin Fowler & Flanagan, Charleston, WV, for Defendants.


MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, JR., District Judge.

Pending is the defendants' joint motion for summary judgment, filed March 6, 2009. Also pending is the defendants' motion to exceed the page limit, which motion is ORDERED granted.

I. Background

Plaintiff Ivan Lee is an African-American male who contends that he was the victim of racial profiling in the course of a roadside stop, detention, search, and seizure...

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