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FARRIS v. MOECKEL

Civ. A. No. 85-621-JJF.

664 F.Supp. 881 (1987)

Calbert F. FARRIS, Plaintiff, v. Dennis MOECKEL, Heavy Howlett, John Does 1-10, Benny Padilla, individually and as the Sheriff of McKinley County, New Mexico, the Board of Commissioners of McKinley County, New Mexico, W. Thomas Bowers, John Does 11-15, Clayton Police Department, the Town Council of Clayton, Delaware, Defendants.

United States District Court, D. Delaware.

July 2, 1987.

Attorney(s) appearing for the Case

Sheldon N. Sandler, and Barry M. Willoughby, of Young, Conaway, Stargatt & Taylor, Wilmington, Del., for plaintiff.

Roger A. Akin, of Sawyer & Akin, Wilmington, Del., for defendants Bowers, John Does 11-15, and Clayton Police.

James F. Bailey, of James F. Bailey & Associates, Wilmington, Del., for defendants Moeckel, Howlett, John Does 1-10, Padilla, and Board of Com'rs of McKinley County.

William L. Witham, Jr., of Prickett, Jones, Elliott, Kristol & Schnee, Dover, Del., for defendant Town Council of Clayton.

OPINION

FARNAN, District Judge.

Plaintiff, Calbert F. Farris, brought this action against nine named defendants and twenty unnamed "John Does", alleging deprivations of his constitutional and statutory rights under 42 U.S.C. § 1983. Plaintiff also alleges pendent state law claims for common law conversion and negligence. Currently before the Court are Motions to Dismiss filed by all defendants.1

I. FACTS.

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