MEMORANDUM OPINION
BEATY, District Judge.
I. INTRODUCTION
This matter comes before the Court on a Motion to Dismiss, or in the alternative, Summary Judgment [Document # 2] filed by Defendants City of Durham, Orville Powell, and P. Lamont Ewell. This matter is also before the Court on a Motion to Dismiss, or in the alternative, Summary Judgment [Document # 6] filed by Defendant J.W. McNeil.
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