OPINION AND ORDER
JOHN E. STEELE, District Judge.
This matter comes before the Court on defendants Lister and Merritt's Motion for Summary Judgment (Doc. # 238) filed on April 30, 2008. Also before the Court is defendant Sheriff Davenport's Motion for Summary Judgment (Doc. # 239) filed on April 30, 2008. Plaintiff filed a Response in Opposition to Both Defendants' Motions for Summary Judgment (Doc. #242) on May 16, 2008.
I.
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