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DICKERSON v. McCLELLAN

No. 3:93-0084.

844 F.Supp. 391 (1994)

Chad Timothy DICKERSON and Deon Denay Dickerson, a minor, by and through her mother and legal guardian, Sharon Dale Stephens, Plaintiffs, v. Cory D. McCLELLAN and Charles L. (Lonnie) Stevens, individually and in their official capacities as police officers for the Metropolitan Government of Nashville and Davidson County, Tennessee and the Tennessee and the Metropolitan Government of Nashville and Davidson County, Tennessee, Defendants.

United States District Court, M.D. Tennessee, Nashville Division.

February 17, 1994.

Attorney(s) appearing for the Case

Thomas H. Peebles, III, Jeffrey Zager, Trabue, Sturdivant & DeWitt, Nashville, TN, for plaintiffs.

James Lawrence Charles, Patricia Jean Cottrell, E. Joseph Fitzpatrick, Jr., Metropolitan Legal Dept., Nashville, TN, for defendants.

MEMORANDUM

WISEMAN, District Judge.

Before the court is the question of whether a district court may certify an interlocutory appeal under Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 2817, 86 L.Ed.2d 411 (1985), as frivolous and thereby retain jurisdiction to proceed to trial. This court, answering that question in the affirmative, is then presented with the question of what standard to apply to determine...

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