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HILL v. CARROLL COUNTY, MISS.

Civil Action No. 4:06CV104-P-B.

467 F.Supp.2d 696 (2006)

Alice Loggins HILL, as Administratrix of the Estate of Debbie Denise Loggins, Deceased, Plaintiff, v. CARROLL COUNTY, MISSISSIPPI; Carroll County Sheriff's Department, a Division of Carroll County, Mississippi; Donald Gray, in His Official Capacity as Sheriff of Carroll County; Michael Spellman, Individually and in His Official Capacity; Charles Jones, Individually and in His Official Capacity; and David Mims, Individually and in His Official Capacity, Defendants.

United States District Court, N.D. Mississippi, Greenville Division.

December 28, 2006.

Attorney(s) appearing for the Case

David A. McLaughlin, Peter Byron Gee, Jr., Cochran Cherry Givens Smith & Bolton LLP, Memphis, TN, for Plaintiff.

Michael J. Wolf, Page, Kruger & Holland, Jackson, MS, for Defendants.

MEMORANDUM OPINION

PEPPER, District Judge.

This matter comes before the court upon Defendants Michael Spellman, Charles Jones, and David Mims' motion to dismiss, or alternatively for summary judgment, based on qualified immunity [9-1]1. After due consideration of the motion and the responses filed thereto, the court is prepared to rule.

I. FACTUAL BACKGROUND

At 5:43 a.m. on September 17, 2005 the Carroll...

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