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ISQUIERDO v. FREDERICK

No. 1:94CV00689.

922 F.Supp. 1072 (1996)

Jose Vasquez ISQUIERDO, Plaintiff, v. William Joseph FREDERICK and Gregory Marshall Cox in their individual capacities, Defendants.

United States District Court, M.D. North Carolina, Durham Division.

April 22, 1996.

Attorney(s) appearing for the Case

Katherine E. Jean and William Webb Plyler, McMillan, Smith & Plyler, Raleigh, NC, for plaintiff, Jose Vasquez Isquierdo.

Tyrus Vance Dahl, Jr. and Ursula Marie Henninger, Womble Carlyle Sandridge & Rice, Winston-Salem, NC, for defendants William Joseph Frederick, and Gregory Marshall Cox.

Jimmy Lewis Love, Love & Wicker, Sanford, NC, for City of Sanford and Sanford Police Dept.

MEMORANDUM OPINION

SHARP, United States Magistrate Judge.

Plaintiff Jose Vasquez Isquierdo brought this action pursuant to 42 U.S.C. § 1983, alleging that Defendants William Joseph Frederick and Gregory Marshall Cox, officers of the Sanford Police Department, used excessive force against him in violation of his rights under the Fourth Amendment when they shot him during the night of November 26-27, 1993. Isquierdo has also stated pendent state...

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