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KALIMAH v. CITY OF McKINNEY, TEX.

Civil No. 2:02-CV-22 (TJW).

213 F.Supp.2d 698 (2002)

Jameel F. KALIMAH, et al., Plaintiff(s), v. CITY OF McKINNEY, TEXAS, et al., Defendant(s).

United States District Court, E.D. Texas, Marshall Division.

August 2, 2002.

Attorney(s) appearing for the Case

Edwin Wright, III, Rowe Jack Ayres, Jr., Scott Douglas & McConnico, LLP, Austin, TX, Carl R. Roth, Michael Charles Smith, Law Office of Carl R. Roth, Marshall, TX, for plaintiffs.

Charles Homer Clark, Clark Lea Rutter & Logsdon, Tyler, TX, Joe C. Tooley, Rockwall, TX, for City of MCKinney, defendant.

Barry Abrams, Ramon Gustave Viada, III, Abrams Scott & Bickley, Houston, TX, for Joyce Vandertuin, defendant.

Kyle L. Potts, Robert E. Couhig, Jr., Adams & Reese, New Orleans, LA, Alex E. Cosculluela, Charles Fremont Jones, Adams & Reese, Houston, TX, for ADT Security Services, Inc., defendant.

ORDER

WARD, District Judge.

Before the Court is Defendant Joyce VanDertuin's Motion for Summary Judgment (# 46). Having considered the motion, Plaintiffs' response, and the applicable law, the Court DENIES Defendant's motion with respect to Plaintiffs' Fourth Amendment seizure claim, Fourteenth Amendment excessive force claim, and state law claims for assault, battery, and negligence as genuine issues of material fact preclude summary judgment. The Court...

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