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DELANEY v. CARMICHAEL

Cause No. IP 86-1643-C.

670 F.Supp. 255 (1987)

Michael J. DELANEY, Plaintiff, v. Gary CARMICHAEL, Individually and as Sheriff of Delaware County, Jim Hendricks, Individually and as a member of the Reserve Review Board, Randy Johnson, Individually and as a member of the Reserve Review Board, Earl Roberts, Individually and as a member of the Reserve Review Board, James St. Meyer, Individually and as a member of the Reserve Review Board, Larry Clark, Individually and as a member of the Reserve Review Board, Rich Lopez, Individually and as a member of the Reserve Review Board, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

August 26, 1987.

Attorney(s) appearing for the Case

Wesley D. Schrock, Shearer & Schrock, Anderson, Ind., for plaintiff.

Edwin L. Gagnon, Byrum, Gagnon & Diehl, Indianapolis, Ind., for defendants.

ENTRY

BARKER, District Judge.

This matter is before the court on cross-motions for summary judgment by the plaintiff Michael Delaney and the defendants Gary Carmichael, et al. Both parties argue that there is no genuine issue as to any material fact and each claims entitlement to judgment as a matter of law pursuant to Federal Rule of Civil Procedure 56(c). Set forth below are the decision and reasoning of the court.

I. Background

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