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SEJNOHA v. CITY OF BISBEE

No. CIV 92-482 TUC RMB.

815 F.Supp. 1300 (1993)

Larry Dean SEJNOHA, Plaintiff, v. The CITY OF BISBEE; the Bisbee Police Department; J.E. Holly, individually and as an officer of the Bisbee Police Dept., Defendants.

United States District Court, D. Arizona.

February 25, 1993.

Attorney(s) appearing for the Case

Clague A. Van Slyke, III, Tucson, AZ, for plaintiff.

Daryl Audilett and Anna Torriente, Kimble, Gothreau & Nelson, P.C., Tucson, AZ, for defendants.

ORDER

BILBY, District Judge.

Pursuant to 42 U.S.C. § 1983, Sejnoha sought damages from the City of Bisbee, the Bisbee Police Department and J.E. Holly, a Bisbee police officer, for alleged violations of his fourth, fifth, and fourteenth amendment rights, which occurred incident to a photo lineup that purportedly was "unduly suggestive and impermissibly tainted."

Sejnoha also alleged that Holly was grossly negligent, deviated from the standard...

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