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POLING v. FERGUSON

Civ. A. No. 2:94-cv-110.

878 F.Supp. 880 (1995)

Mark R. POLING, Plaintiff, v. Patrolman Philip FERGUSON and Patrolman Clifford Keller, Individually and in their official capacities as Members of the City Police Department of Belington, Barbour County, West Virginia and the City of Belington, a West Virginia Municipal Corporation, Defendants.

United States District Court, N.D. West Virginia.

March 17, 1995.

Attorney(s) appearing for the Case

James F. Cain, Elkins, WV, for plaintiff.

Michael Kozakewich, Jr., Steptoe & Johnson, Clarksburg, WV, for defendants.

ORDER

MAXWELL, District Judge.

Plaintiff seeks to pursue his remedies in this Court pursuant to 42 U.S.C. § 1983. He alleges that defendants Ferguson and Keller, police officers employed by the defendant City of Belington, used excessive force during an unlawful arrest. Plaintiff has also alleged a cause of action against defendant City of Belington, based upon the doctrine of respondeat superior.

On December 15, 1994, defendants filed...

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