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ALEXANDER v. CITY OF SOUTH BEND

No. 3:02-CV-0397 CAN.

320 F.Supp.2d 761 (2004)

ALEXANDER, Plaintiff, v. CITY OF SOUTH BEND, et al., Defendants.

United States District Court, N.D. Indiana, South Bend Division.

May 18, 2004.

Attorney(s) appearing for the Case

Roseann P Ivanovich, Merrillville, IN, for Richard Lee Alexander, Plaintiff.

Ann-Carol Nash, South Bend, IN, John E Broden, City of South Bend, Department of Law, South Bend, IN, for City of South Bend, South Bend Police Department, Cpt Darryl Gunn, Wayne Boocher, Michael Chritchlow, Cindy Eastman, Eugene Eyster, Larry Hostetler, Donald Miller, Doug Radican, Anne M Schellinger, Frank Scheu, Bonnie Werntz, John Doe, individually and as a police officer for the City of South Bend, Richard Roe, individually and as a police officer for the City of South Bend, Defendants.

MEMORANDUM AND ORDER

NUECHTERLEIN, United States Magistrate Judge.

I. INTRODUCTION

This case presents the question of whether an innocent man, wrongfully convicted and imprisoned for assault and rape, may proceed to trial in his lawsuit against the City of South Bend, its police department, police chief, and ten present and former police officers. This Court concludes that he may not proceed further.

The Plaintiff has alleged that his constitutional...

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