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LIGGINS v. MORRIS

No. 3-89 CIV 52.

749 F.Supp. 967 (1990)

Larry L. LIGGINS; Linda Phillips; Ruby Phillips-Pearce; Arie Phillips and Eric Phillips; Cassie Phillips and Makela Phillips by their mother and natural guardian Linda Phillips; and Adetola Pearce by her mother and natural guardian Ruby Phillips-Pearce, Plaintiffs, v. Christine MORRIS; Bruce J. Kohn; and the City of Minneapolis, Defendants.

United States District Court, D. Minnesota, Third Division.

October 26, 1990.

Attorney(s) appearing for the Case

Spicer, Watson & Carp by Leland S. Watson, Minneapolis, Minn., for plaintiffs.

Marshall and Associates, P.A. by Gail Langfield, St. Paul, Minn., for defendants.

ORDER

ALSOP, Chief Judge.

The above entitled matter came before the court on September 14, 1990 on defendants' summary judgment motion pursuant to Federal Rule of Civil Procedure 56(b).

I. STANDARD OF REVIEW

The Supreme Court has held that summary judgment is to be used as a tool to isolate and dispose of claims or defenses which are either factually unsupported or which are based on undisputed facts. Celotex Corp. v. Catrett,

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