MEMORANDUM
WISEMAN, Senior District Judge, Sitting by Designation.
Pending is defendant's motion to dismiss for failure to state a claim upon which relief may be granted, Fed.R.Civ.P. 12(b)(6), in the above-entitled civil rights action. For the reasons set forth below, defendant's motion is DENIED.
I. Factual and Procedural Summary
At approximately 4:00 a.m. on December 3, 1995, Gary Wayne McNally was stopped outside his apartment...
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