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PETHTEL v. WEST VIRGINIA STATE POLICE

Civil Action No. 5:06CV87.

568 F.Supp.2d 658 (2008)

Carol PETHTEL, individually and in her capacity as Administratrix of the Estate of Thomas Samuel Pethtel, Jr., deceased, and as guardian ad litem for Tara Brothers, Tabitha Pethtel and Thomas S. Pethtel, III, Plaintiff, v. WEST VIRGINIA STATE POLICE, Colonel David L. Lemmon, Superintendent of the West Virginia State Police, Sergeant Gerald L. Menendez, Sergeant Charles F. Trader, First Sergeant David B. Malcomb, First Sergeant L. Scot Goodnight, Corporal R.L. Mefford and Trooper J.A. Simmons, individually and in their capacity as members of the Special Response Team-Alpha Team of the West Virginia State Police, Captain T. Phillips, State Police Commanding Officer in Ohio County, Defendants.

United States District Court, N.D. West Virginia.

July 29, 2008.

Attorney(s) appearing for the Case

Peter M. Suwak, Washington, PA, for Plaintiff.

Michael D. Mullins, Steptoe & Johnson, PLLC, Charleston, WV, Monte L. Williams, Steptoe & Johnson, PLLC, Morgantown, WV, for Defendants.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, DISMISSING WITH PREJUDICE PLAINTIFF'S COMPLAINT AND DENYING AS MOOT DEFENDANTS' MOTIONS IN LIMINE

FREDERICK P. STAMP, JR., District Judge.

I. Procedural History

The plaintiff in this action filed suit for claims arising out of the death of Thomas Samuel Pethtel, Jr. ("Pethtel"), who was shot by law enforcement officers after he had escaped from...

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