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MCCOLLUM v. BAHL

Case No. 1:08-CV-96.

711 F.Supp.2d 802 (2010)

Claude Zain McCOLLUM, Plaintiff, v. Rodney BAHL, et al., Defendants.

United States District Court, W.D. Michigan, Southern Division.

May 3, 2010.

Attorney(s) appearing for the Case

E. Thomas McCarthy , Smith Haughey Rice & Roegge PC, Grand Rapids, MI, Hugh Barrington Clarke, Jr. , Law Office of Hugh Barrington Clarke, Jr., Lansing, MI, Thomas J. Wuori , Halpert Weston Wuori & Sawusch PC, Kalamazoo, MI, for Plaintiff.

Adam D. Grant , Brian Martinuzzi , George P. Butler, III , Dickinson Wright PLLC, Detroit, MI, John W. Martin, Jr. , Michael D. Weaver , Plunkett Cooney, Bloomfield Hills, MI, Michael S. Bogren , Plunkett Cooney, Kalamazoo, MI, for Defendants.

OPINION

GORDON J. QUIST, District Judge.

The [investigating officer] advised the incident happened between 8:30-8:45 a. [m]. From the above time chart, the suspect was visible on camera 7 during that time. Unless the times given to me by the [investigating officer] for the card swipe or the frames chosen by the [investigating officer] as in/out [were inaccurate] the suspect did not commit the crime.

In all likelihood, had the jury in the...

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