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PINKNEY v. THOMAS

Case No. 1:07-CV-186.

583 F.Supp.2d 970 (2008)

Stephen J. PINKNEY, Plaintiff, v. Officer William THOMAS, Ralph Peconge, and City of Fort Wayne, Defendant.

United States District Court, N.D. Indiana, Fort Wayne, Division.

September 17, 2008.

Attorney(s) appearing for the Case

Christopher C. Myers, Ilene M. Smith, Christopher C. Myers & Associates, Fort Wayne, IN, for Plaintiff.

James P. Fenton, Kathryn A. Brogan, Patrick L. Proctor, Eilbacher Fletcher LLP, Fort Wayne, IN, for Defendant.

OPINION AND ORDER

ROGER B. COSBEY, United States Magistrate Judge.

I. INTRODUCTION

Stephen J. Pinkney is suing William Thomas, a Fort Wayne police officer, and Ralph Peconge, a Fort Wayne Community Schools ("FWCS") security guard, in their individual capacities, alleging they used excessive force during his arrest on October 6, 2006. Concerning Peconge, Pinkney alleges an Indiana tort claim of battery, as well as a 42 U.S.C. § 1983...

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