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CRUZ v. CITY OF WILMINGTON

Civ. A. No. 91-165 MMS.

814 F.Supp. 405 (1993)

Arcelio CRUZ and Wanda Taylor, individually and as Guardian Ad Litem for Peter Taylor and Star Taylor, Minor Children, Plaintiffs, v. CITY OF WILMINGTON and John Hartnett, William Browne, Mark Lemon, Kevin Connor, James Ogden, Henry Cannon and Douglas Baylor, individually and in their capacity as City of Wilmington Police Officers, Defendants and Cross-Claimants, v. AGENCY RENT-A-CAR, a foreign corporation, Cross-Defendant.

United States District Court, D. Delaware.

February 23, 1993.

Attorney(s) appearing for the Case

Darrell J. Baker, Heiman, Aber & Goldlust, Wilmington, DE, for plaintiffs.

Carol J. Dulin, Asst. City Sol., Wilmington, DE, for defendants and cross-claimants.

Richard W. Pell, Tybout, Redfearn, Casarino & Pell, Wilmington, DE, for cross-defendant.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

Plaintiffs, Aracelio Cruz and Wanda Taylor (individually and as guardian Ad Litem for Pete Taylor and Star Taylor), bring this action against the City of Wilmington and seven of its police officers. The police officers are named in both their official and individual capacities.1 In the first count of their amended complaint plaintiffs allege, pursuant to 42 U.S.C. § 1983...

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