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ELLISON v. CITY OF MONTGOMERY

No. Civ.A. 99-T-449-N.

85 F.Supp.2d 1178 (1999)

James Raymond ELLISON, etc., Plaintiff, v. CITY OF MONTGOMERY, et al., Defendants.

United States District Court, M.D. Alabama, Northern Division.

October 1, 1999.

Attorney(s) appearing for the Case

Angela G. Turner, Caine-Turner & Associates, Birmingham, AL, for James Raymond Ellison, Jr., deceased by and through his next of kin and legal representative, Beth Ellison, plaintiff.

George B. Azar, Elizabeth C. Wible, Azar & Azar, Montgomery, AL, F. Tim McCollum, City Attorney, Montgomery, AL, for City of Montgomery, as respondent superior, John Wilson, Police Chief, Howard Sisson, Officer, Ervin Dailey, Officer, Enrico Darrington, Officer, Michael Trotter, Officer, defendants.

OPINION

MYRON H. THOMPSON, District Judge.

This lawsuit was originally filed in state court by plaintiff James Raymond Ellison, by and through his surviving spouse, and raised both state and federal claims against defendant City of Montgomery as well as several individual defendants. Defendants then properly removed the case to federal court pursuant to 28 U.S.C.A. § 1441(a) and 28 U.S.C.A. § 1331. By order of July 21, 1999, this court dismissed...

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