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BOWDEN v. TOWN OF SPEEDWAY, IND.

No. 1:06-cv-1172-DFH-TAB.

539 F.Supp.2d 1092 (2008)

Edward BOWDEN, Plaintiff, v. TOWN OF SPEEDWAY, INDIANA, Police Department, Town of Speedway; and Tracey D. Cantrell, individually, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

February 13, 2008.

Attorney(s) appearing for the Case

Robert M. Kelso, Kightlinger & Gray, Indianapolis, IN, for Plaintiff.

Andrew P. Wirick, Christopher Douglas Cody, Hume Smith Geddes Green & Simmons, Indianapolis, IN, for Defendants.

ENTRY ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

DAVID F. HAMILTON, Chief Judge.

Plaintiff Edward Bowden has sued the Town of Speedway, its police department, and Officer Tracey Cantrell under state tort law and under 42 U.S.C. § 1983. Bowden asserts that (1) Officer Cantrell did not have probable cause and used unreasonable force to arrest Bowden on December, 19, 2004, violating the Fourth Amendment; (2) the Town of Speedway and its police department failed...

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