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McKEE v. BREIER

No. 76-C-41.

417 F.Supp. 189 (1976)

Mrs. Lula Jean McKEE et al., Plaintiffs, v. Harold BREIER, Chief of Police of the City of Milwaukee Police Department, and various John Does or Jane Does, (presently unknown law enforcement officers) all employed by the City of Milwaukee Police Department, all jointly and severally, Defendants.

United States District Court, E. D. Wisconsin.

June 24, 1976.

Attorney(s) appearing for the Case

Coffey, Murry & Coffey, by Kevin E. O'Neill, Milwaukee, Wis., for plaintiffs.

James B. Brennan, City Atty., by John F. Kitzke, Asst. City Atty., Milwaukee, Wis., for defendants.

DECISION and ORDER

MYRON L. GORDON, District Judge.

The defendant Chief Breier has moved, pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure, to dismiss the complaint in this action on the ground that it fails to state a claim against him on which relief can be granted. I believe that this motion should be denied.

The plaintiffs allege that their fourth, fifth, and fourteenth amendment rights were violated in the course of an investigation...

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