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McELROY v. CITY OF BIRMINGHAM, ALA.

Case No. 2:09-CV-0246-SLB.

903 F.Supp.2d 1228 (2012)

Elizabeth W. McELROY, as Administratrix of the Estate of Reginald W. Osby, Plaintiff, v. CITY OF BIRMINGHAM, ALABAMA; Matthew Hutchins, in his Official Capacity as an Agent for the City of Birmingham and in his individual capacity, Defendants.

United States District Court, N.D. Alabama, Southern Division.

September 28, 2012.

Attorney(s) appearing for the Case

Brian M. Clark , Daniel E. Arciniegas , Jon C. Goldfarb , Rachel L. McGinley , Ann C. Robertson , L. William Smith , Wiggins Childs Quinn & Pantazis, Birmingham, AL, for Plaintiff.

Frederic L. Fullerton, II , Nicole Elise King , City of Birmingham-Law Department, Elizabeth Bosquet Shirley , Michael KK. Choy , Richard R. Owens , Burr & Forman LLP, Birmingham, AL, for Defendants.

MEMORANDUM OPINION

SHARON LOVELACE BLACKBURN, Chief Judge.

This case is presently pending before the court on defendants' Motion for Summary Judgment. (Doc. 30.)1 Plaintiff Elizabeth W. McElroy, as Administratrix of the Estate of Reginald W. Osby, has sued the City of Birmingham and its police officer, Matthew Hutchins, alleging violations of Mr. Osby's Fourth Amendment rights and Fourteenth Amendment/Equal Protection...

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