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RUDY v. VILLAGE OF SPARTA

No. 1:95-CV-392.

990 F.Supp. 924 (1996)

Christopher W. RUDY, and Alice M. Rudy, husband and wife, Plaintiffs, v. VILLAGE OF SPARTA, a municipal corporation, Devon Holmberg, Robert Smith, Chief of Police, Dale McNinch, D.O., and Butterworth Hospital Corporation, jointly and severally, Defendants.

United States District Court, W.D. Michigan, Southern Division.

July 17, 1996.

Attorney(s) appearing for the Case

J. Stephen Marshall, J. Stephen Marshall Law Offices, Grand Rapids, MI, Frederick D. Dilley, Boyden, Waddell, Timmons & Dilley, Grand Rapids, MI, for Plaintiffs.

Susan Klooz, Plunkett & Cooney, PC, Grand Rapids, MI, for Village of Sparta, Devon Holmberg, Robert Smith.

John C. O'Loughlin, Smith, Haughey, Rice & Roegge, PC, Grand Rapids, MI, for Dale McNinch, D.O., Butterworth Hosp. Corp.

Andrea D. Lundy, Frederick D. Dilley, Boyden, Waddell, Timmons & Dilley, Grand Rapids, MI, for Christopher W. Rudy, plaintiff — appellant.

Andrea D. Lundy, Frederick D. Dilley, (See above), for Alice M. Rudy, husband and wife, plaintiff — appellant.

Mary Massaron Ross, Plunkett & Cooney, Detroit, MI, for Devon Holmberg, defendant — appellee.

Jon D. VanderPloeg, Smith, Haughey, Rice & Roegge, Grand Rapids, MI, for Dale McNinch, D.O., defendant — appellee.

Jon D. VanderPloeg, (See above), for Butterworth Hospital Corp., jointly and severally, defendant — appellee.

OPINION

QUIST, District Judge.

This is a civil rights action wherein plaintiff, Christopher Rudy, alleges that defendants violated his rights under 42 U.S.C. § 1983 and the common law of Michigan. This action arises out of the catheterization performed on plaintiff in the Butterworth Hospital and the events that followed on the evening of May 13, 1994. Plaintiff's wife, Alice Rudy, has also alleged a loss of consortium. This matter is before...

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