RUTHERFORD v. CITY OF NEWPORT NEWS, VIRGINIA

Civ. A. No. 4:95cv8.

919 F.Supp. 885 (1996)

Martha RUTHERFORD, individually, and in her capacity as Administratrix of the Estate of Steven R. Rutherford, Deceased, Plaintiff, v. The CITY OF NEWPORT NEWS, VIRGINIA, Jay A. Carey, Jr., individually and in his official capacity as former Chief of Police of the City of Newport News, Virginia, and Barry Haddix, individually, and in his official capacity as a former Police Sergeant for the City of Newport News, Virginia, and T.A. Zeitler, and James O. Williamson, individually, and in their official capacities as Police Sergeants for the City of Newport News, Virginia, Defendants.

United States District Court, E.D. Virginia, Newport News Division.

February 29, 1996.


Attorney(s) appearing for the Case

Michael F. Imprevento, Andrew Michael Sacks, Sacks & Sacks, Stanley E. Sacks, Sacks, Sacks & Imprevento, Norfolk, VA, for plaintiff.

Allen Link Jackson, Deputy City Attorney, Newport News, VA, for City of Newport News, Virginia.

Allen Link Jackson, Newport News, VA, Alan Brody Rashkind, Furniss, Davis, Rashkind & Saunders, Norfolk, VA, for Jay A. Carey, Jr.

Allen Link Jackson, Newport News, VA, Fred Bradford Stillman, Robert William McFarland, David Michael Young, McGuire, Woods, Battle & Boothe, Norfolk, VA, for Barry Haddix.

Allen Link Jackson, Kenneth Robert Yoffy, Saunders, Stephenson, Cope, Olson & Yoffy, Newport News, VA, for T.A. Zeitler.

Roy Barrow Blackwell, Kaufman & Canoles, Norfolk, VA, Allen Link Jackson, Newport News, VA, Jonathan Lee Thornton, Kaufman & Canoles, Norfolk, VA, for James O. Williamson.


OPINION AND ORDER

DOUMAR, District Judge.

This case arises from the tragic murder of a young police officer who was ordered to go undercover for the purpose of nabbing a suspected robber of pizza delivery men. The officer, Steven R. Rutherford, was murdered by the robbers. Officer Rutherford's wife, acting pursuant to 42 U.S.C. § 1983, now brings this action against his superiors and the municipality which employed him, claiming that they violated...

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