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KING v. WARE

Civ. A. No. 79-334.

522 F.Supp. 1206 (1981)

Mildred B. KING, Administratrix of the Estate of John L. Walsh, Jr., Plaintiff, v. Thomas R. WARE, an individual, and The City of Pittsburgh, a municipal corporation, Defendants.

United States District Court, W. D. Pennsylvania.

October 6, 1981.

Attorney(s) appearing for the Case

Robert X. Medonis, Pittsburgh, Pa., for plaintiff.

Marvin Fein, First Asst. City Sol., Michael A. Donadee, Pittsburgh, Pa., for defendants.

MEMORANDUM OPINION

DIAMOND, District Judge.

The plaintiff brought this action to recover damages for the fatal shooting of John L. Walsh, Jr., by defendant, Thomas R. Ware. The complaint alleges that Ware was acting under color of state law and pursuant to the custom and/or official policy of the police department of the defendant City in violation of Walsh's civil rights under 42 U.S.C. § 19831 when the fatal shooting occurred...

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