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ESTATE OF BROWN v. BARIAN

No. 98-C-926.

43 F.Supp.2d 1008 (1999)

ESTATE OF Randy Lonnell BROWN, by its Special Administrator Johnny Lee Brown, Johnny Lee Brown and Maliey Brown, Plaintiffs, v. John BARIAN in his individual capacity as Assistant Chief of the State of Wisconsin, Department of Corrections, Division of Community Corrections, and Michael J. Sullivan in his individual capacity as Secretary of the State of Wisconsin, Department of Corrections, Defendants.

United States District Court, E.D. Wisconsin.

April 2, 1999.

Attorney(s) appearing for the Case

Merrick R. Domnitz, Susan Rosenberg-Domnitz, Mawicki Goisman Rosenberg, Milwaukee, WI, Lawrence G. Albrecht, First Blondis, Albrecht Bangert Novotnak, Milwaukee, WI, for plaintiffs.

Stan Davis, Asst Atty General, for defendant.

DECISION AND ORDER RE: DEFENDANTS' MOTION TO DISMISS

CALLAHAN, United States Magistrate Judge.

I. PROCEDURAL BACKGROUND AND THE PLAINTIFFS' COMPLAINT

What happened to 21 year old Randy Brown on August 21, 1997, is every parent's worst nightmare. On that day, according to the complaint filed in this action, Randy Brown, who was attempting to serve as a peacemaker in a street confrontation between Patrick N. Rucker ("Rucker") and others, was shot...

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