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ROE v. MILLIGAN

No. 4:06-cv-00300.

479 F.Supp.2d 995 (2007)

Scott Wayne ROE and Dale Klyn, Plaintiffs, v. Officer Mark L. MILLIGAN, and Sgt. Chris Logan, of the Ottumwa Police Department, in their personal and official capacities; The Ottumwa Police Department; and Alan Monroe Wilson, Wayne County Attorney, in his personal and official capacities, Defendants, State of Iowa, Intervenor.

United States District Court, S.D. Iowa, Central Division.

March 27, 2007.

Attorney(s) appearing for the Case

Randall C. Wilson, Des Moines, IA, for Plaintiffs.

Gregory A. Witke, Bradshaw Fowler Proctor & Fairgrove, Hugh J. Cain, Hopkins & Huebner, Des Moines, IA, for Defendants.

Mark Hunacek, Ames, IA, Thomas J. Miller, Attorney General, Jeffrey C. Peterzalek, Assistant Attorney General, Des Moines, IA, for Intervenor.

ORDER ON PLAINTIFFS' MOTION FOR SUMMARY ADJUDICATION OF CONSTITUTIONAL CLAIMS

PRATT, Chief District Judge.

Before the Court is Plaintiffs, Scott Wayne Roe and Dale Klyn's ("Roe" and "Klyn") Motion for Summary Adjudication of Constitutional Claims, filed on December 5, 2006. Clerk's No. 17. On December 14, 2006, intervenor, the State of Iowa, filed a Motion for Partial Summary Judgment and Resistance to Plaintiffs...

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