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FRYE v. CITY OF GARY

Cause No. 2:13-CV-46-PRC.

MATTIE FRYE, personal representative of the Estate of ELLISON LEE FRYE, Plaintiff, v. CITY OF GARY, CITY OF GARY POLICE DEPARTMENT, OFFICER JAMAAL B. JOSEPH in his individual and official capacities, OFFICER JEREMY D. JOSEPH in his individual and official capacities, and UNKNOWN OFFICERS OF THE GARY POLICE DEPARTMENT in their individual and official capacities, Defendants.

United States District Court, N.D. Indiana, Hammond Division.

August 6, 2014.

Attorney(s) appearing for the Case

Mattie Frye, Plaintiff, represented by Russell Wayne Brown, Jr , Woodward Buls Blaskovich & King LLP.

Gary City of, Defendant, represented by Michael E Tolbert , Hoeppner Wagner & Evans LLP & Shelbie J Byers , Hoeppner Wagner & Evans LLP.

Gary City of Police Department, Defendant, represented by Michael E Tolbert , Hoeppner Wagner & Evans LLP & Shelbie J Byers , Hoeppner Wagner & Evans LLP.

Unknown Officers of Gary City of Police Department, Defendant, represented by Michael E Tolbert , Hoeppner Wagner & Evans LLP & Shelbie J Byers , Hoeppner Wagner & Evans LLP.

Officer Jamaal B Joseph, Defendant, represented by Michael E Tolbert , Hoeppner Wagner & Evans LLP & Shelbie J Byers , Hoeppner Wagner & Evans LLP.

Jeremy D Joseph, Defendant, represented by Michael E Tolbert , Hoeppner Wagner & Evans LLP & Shelbie J Byers , Hoeppner Wagner & Evans LLP.

OPINION AND ORDER

PAUL R. CHERRY, Magistrate Judge.

This matter is before the Court on Defendants' Motion for Summary Judgment [DE 31], filed on April 21, 2014.

I. Procedural Background

Plaintiff Mattie Frye, the personal representative of the Estate of Ellison Lee Frye (Ellison), filed a two-count Complaint in Lake County, Indiana, Circuit Court on January 2, 2013, alleging that Defendants violated Ellison's federal constitutional rights...

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