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CHERRY v. CROW

No. 93-1643-CIV-T-17B.

845 F.Supp. 1520 (1994)

Loretta D. CHERRY, as Personal Representative of the Estate of Eddie Ronald Cherry, Plaintiff, v. Sheriff Lawrence W. CROW in his official capacity as Sheriff of Polk County, Florida; and Prison Health Services, Inc., a Delaware corporation; and Frank M. Smith, Individually, Defendants.

United States District Court, M.D. Florida, Tampa Division.

March 7, 1994.

Attorney(s) appearing for the Case

James C. Valenti, Gibson & Lilly, Lake Wales, FL, for plaintiff.

Hank B. Campbell, Robert Lewis Trohn, Lane, Trohn, Clarke, Bertrand, Vreeland & Jacobsen, P.A., Lakeland, FL, and James Orrin Williams, Jr. and Carri L. Sipowski, Derrevere & Williams, West Palm Beach, FL, for defendants.

ORDER DENYING MOTIONS TO DISMISS AND MOTION TO STRIKE

KOVACHEVICH, District Judge.

This cause is before the Court on motions to dismiss and motion to strike filed by Defendants, Prison Health Services, Inc. ("PHS") and Frank M. Smith ("Smith") (Dkt. 11). Plaintiff's Complaint (Dkt. 1) and Amended Complaint (Dkt. 3) allege deprivation of Plaintiff's decedent's civil rights brought pursuant to 42...

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