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FITZPATRICK v. CITY OF FORT WAYNE

Case No. 1:07-cv-259.

679 F.Supp.2d 947 (2009)

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.

December 22, 2009.

Attorney(s) appearing for the Case

Christopher C. Myers, Ilene M. Smith, Christopher C. Myers & Associates, Fort Wayne, IN, for Plaintiff.

Carolyn M. Trier, Corinne K. Ross, Trier Law Office, Fort Wayne, IN, for Defendants.

OPINION AND ORDER

ROGER B. COSBEY, United States Magistrate Judge.

Plaintiff Jack Fitzpatrick maintains in his timely Motion for New Trial (Docket # 130) under Federal Rule of Civil Procedure 59, that the Court erred when it refused to give three of his proposed jury instructions. Defendants City of Fort Wayne and Fort Wayne Police Officer Bobby Lemon (referred to here as simply "Lemon") filed a response (Docket # 133), and Fitzpatrick submitted a...

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