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HOLMAN v. WALLS

Civ. A. No. 86-1 MMS.

648 F.Supp. 947 (1986)

Roseann C. HOLMAN, Administratrix of the Estate of Riley Jesse Holman, Jr., Deceased, as Administratrix and on her own behalf; Jami Holman and Tanya Holman, minor children or Riley Jesse Holman, Deceased, by Roseann C. Holman, their natural guardian, Plaintiffs, v. William Wayne WALLS, individually and as a Police Officer of the City of Dover; James Edward Kurtz, individually and as a Police Officer of the City of Dover; Mitch M. Hill, individually and as Police Officer of the City of Dover; Joe A. Klenoski, individually and as Police Chief of the City of Dover; City of Dover, Defendants, and Joe A. KLENOSKI, Defendant and Third-Party Plaintiff, v. Charles CASSELL, individually and as administrator of the Council on Police Training; James L. Ford, Jr., individually and as a member of the Council on Police training; Daniel L. Simpson, individually, as a member of the Council on Police Training and as Superintendent of the Delaware State Police; Joseph N. Pennell, individually and as a member of the Council on Police Training; John R. McCarnan, individually and as a member of the Council on Police Training; William M. Redd, individually and as a member of the Council on Police Training; William B. Keene, individually and as a member of the Council on Police Training; Nancy Tieman, individually and as a member of the Council on Police Training; W. Layton Johnson, individually and as a member of the Council on Police Training; and Charles M. Oberly, individually and as a member of the Council on Police Training, Third-Party Defendants.

United States District Court, D. Delaware.

November 26, 1986.

Attorney(s) appearing for the Case

A. Richard Barros, of Barros, McNamara & Scanlon, Dover, Del., for plaintiffs.

Myron T. Steele, of Prickett, Jones, Elliott, Kristol & Schnee, Dover, Del., for defendants Walls, Kurtz, Hill and City of Dover.

Nicholas H. Rodriguez, and William W. Pepper, of Schmittinger & Rodriguez, Dover, Del., for defendant and third-party plaintiff Klenoski.

Keith R. Brady, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for third-party defendants Ford, Pennell, McCarnan, Redd, Keene, Tieman, Johnson, Oberly, Cassell and Simpson in their official capacities.

Roger A. Akin, and Bruce C. Herron, of Sawyer & Akin, P.A., Wilmington, Del., for third-party defendants Cassell and Simpson in their individual capacities.

OPINION

MURRAY M. SCHWARTZ, Chief Judge.

Before the Court are two motions to dismiss a third-party complaint arising out of an action against certain police officers and the police chief of the City of Dover, Delaware, and the City itself, brought under 42 U.S.C. § 1983. Pursuant to Fed.R. Civ.P. 14(a), defendant Chief of Police Joe A. Klenoski has impleaded as third-party defendants the administrator and members of the Council on Police Training of...

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