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SIMMONS v. JAY

Civil Action No. 3:12-CV-1517-M-BK.

DELVIN BERNARD SIMMONS, Plaintiff, v. OFFICER SCOTT MATTHEW JAY, OFFICER JEREMY SMITH, OFFICER JOSHUA BURNS, and OFFICER JAMES STEPHENS, Defendants.

United States District Court, N.D. Texas, Dallas Division.

August 26, 2014.

Attorney(s) appearing for the Case

Delvin Bernard Simmons, Plaintiff, represented by Taylor F Brinkman , Locke Lord LLP, Arthur E Anthony , Locke Lord LLP, Joseph A Unis, Jr , Locke Lord LLP, Sheria Dranise Smith , Carter Scholer Arnett Hamada & Mockler PLLC & Stephen McClain Cole , LynnTillotsonPinkerCox, LLP.

Officer Scott Matthew Jay, Defendant, represented by J G Schuette , Dallas City Attorney's Office & James Carroll Butt , Dallas City Attorney's Office.

Officer Jeremy Smith, Defendant, represented by J G Schuette , Dallas City Attorney's Office & James Carroll Butt , Dallas City Attorney's Office.

Officer Paulo Betancourt, Defendant, represented by J G Schuette , Dallas City Attorney's Office & James Carroll Butt , Dallas City Attorney's Office.

Officer Joshua Burns, Defendant, represented by J G Schuette , Dallas City Attorney's Office & James Carroll Butt , Dallas City Attorney's Office.

Officer James Stephens, Defendant, represented by J G Schuette , Dallas City Attorney's Office & James Carroll Butt , Dallas City Attorney's Office.

FINDINGS, CONCLUSIONS AND RECOMMENDATION

RENEE HARRIS TOLIVER, Magistrate Judge.

This case has been referred to the undersigned for pretrial management. The cause is now before the Court on Defendants' Joint Motion for Partial Summary Judgment. Doc. 60. For the reasons that follow, it is recommended that the motion be DENIED.

I. FACTS

This is a 42 U.S.C. §...

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