MEMORANDUM AND ORDER
HARRINGTON, District Judge.
This matter is before the Court on the parties' cross-motions for summary judgment. Plaintiff's Motion for Summary Judgment is denied. Defendants' Motion for Summary Judgment is denied as to Defendants Mercer, Kelly, and Anderson. As to Defendants Casey, White, and Town of Lexington, Defendants' Motion for Summary Judgment is allowed, with respect to Count I, for the reasons discussed below.
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