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HENRY v. PURNELL

Civil No. JFM-04-979.

559 F.Supp.2d 648 (2008)

Frederick HENRY v. Robert PURNELL.

United States District Court, D. Maryland.

June 17, 2008.

Attorney(s) appearing for the Case

Eric M. May, Law Office of Eric M. May PC, Washington, DC, for Frederick Henry.

Cynthia Grams Peltzman, Elissa Doe Levan, Office of the Attorney General, Baltimore, MD, Elissa Doe Levan, Law Office of John F. Breads Jr., Hanover, MD, for Robert Purnell.

OPINION

J. FREDERICK MOTZ, District Judge.

On October 20, 2003, Robert Purnell, a former Deputy Sheriff of Somerset County, Maryland, mistakenly shot Frederick P. Henry with his Clock service pistol instead of his Taser while Henry was attempting to avoid arrest. As the result of this incident, Henry filed suit, claiming that Purnell's conduct violated his right to be free from an unreasonable seizure under the Fourth Amendment and the Maryland Constitution...

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