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HAYES v. HALL

No. G84-79 CA5.

604 F.Supp. 1063 (1985)

Daniel Lee HAYES, Plaintiff, v. David Duane HALL, Charles Edgar Smith, Pamela McCabe, Susan Marshall and Okemos Enterprises Incorporated, Defendants.

United States District Court, W.D. Michigan, S.D.

March 15, 1985.

Attorney(s) appearing for the Case

Franklin Richard Brussow, Brussow & Krause, Lansing, Mich., for plaintiff.

Norman H. Pylman II, Cholette, Perkins & Buchanan, Grand Rapids, Mich., for Smith and Okemos.

John Tallman, Grand Rapids, Mich., for David Hall.

Patrick A. Aseltyne, Cohl, Salstrom, Stoker & Aseltyne, Lansing, Mich., for McCabe & Marshall.

OPINION RE MOTION TO DISMISS

HILLMAN, District Judge.

Defendants Susan Marshall and Pamela McCabe have filed a motion to dismiss for failure to state a claim, pursuant to Fed.R. Civ.P. 12(b)(6), and the matter is now before the court on that motion. They argue that plaintiff's suit against them is barred by absolute prosecutorial immunity. Plaintiff disputes their entitlement to such immunity.

In 1982, plaintiff Daniel Lee Hayes ("Hayes") was charged...

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