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  5. 838 F.Supp. 1204 (1992)
 

ROXBURY v. PAUL

No. 1:92-CV-90.

838 F.Supp. 1204 (1992)

Terry ROXBURY, Personal Representative of the Estate of Dennis Roxbury, Deceased, Plaintiff, v. Michigan State Troopers James PAUL, Norman Lohroff, and Marco Jones, Jointly and Severally, Defendants.

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

October 7, 1992.

Attorney(s) appearing for the Case

Robert Van Cleef, Becker & Van Cleef, P.C., Jeffrey Raymond Portko, Southfield, MI, for plaintiff.

Brian D. Devlin, Asst. Atty. Gen., Frank J. Kelley, Atty. Gen., Corrections Div., Lansing, MI, for defendants.

OPINION

BENJAMIN F. GIBSON, Chief Judge.

This action charges violations of Title 42 United States Code Section 1983, the Michigan State Constitution, and state tort law prohibiting assault and battery and gross negligence. Pending before this Court is defendants' motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure or, in the alternative, a motion for summary judgment under Rule 56(b).

I.

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