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LAMB v. CITY OF DECATUR

No. 95-2167.

947 F.Supp. 1261 (1996)

Gary LAMB, Dan Rhodes, Jerry Tucker, and Dick Schable, on behalf of themselves and others similarly situated, Plaintiffs, v. CITY OF DECATUR, Richard Ryan, Police Lieutenant, Sergeant James Chervinko, and others whose identities are yet unknown to the plaintiffs, Defendants.

United States District Court, C.D. Illinois.

November 19, 1996.

Attorney(s) appearing for the Case

Marshall A. Susler, Moore Susler McNutt & Wrigley, Decatur, IL, Janis M. Susler, Edward Koziboski, Chicago, IL and Michael E. Deutsch, Center for Constitutional Rights, New York City, for Plaintiffs.

Patrick J. Londrigan, Heyl Royster Voelker & Allen, Springfield, IL, Guy A. Studach, Office of the Attorney General, State of Illinois, Springfield, IL, for Defendants.

ORDER

BAKER, District Judge.

This class action alleges violation of the plaintiffs' civil rights. The action arises out of a demonstration marking the one year anniversary of a lock-out at the Staley Manufacturing Plant in Decatur, Illinois. At the demonstration, police sprayed pepper spray into the crowd of demonstrators. Count I of the amended complaint alleges violation of the Fourth Amendment as prohibited by 42 U.S.C. § 1983. Count II alleges...

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