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HUMPHREY v. CITY OF HEADLAND

Case No. 1:12-cv-366-WHA.

VELMA JEAN HUMPHREY and ROBERT LOWE, individually and as personal representative of the ESTATE OF O'PATRICK HUMPHREY and on behalf of O'Patrick Humphrey's SURVIVORS and the BENEFICIARIES of O'Patrick Humphrey's ESTATE, Plaintiffs, v. THE CITY OF HEADLAND, THE CITY OF HEADLAND POLICE DEPARTMENT, POLICE CHIEF MARK JONES, OFFICER TONY SMITH, and OFFICER TONY FRANKS, Defendants.

United States District Court, M.D. Alabama, Southern Division.

July 2, 2012.

Attorney(s) appearing for the Case

Velma Jean Humphrey, individually and as personal representative of the estate of O'Patrick Humphrey and on behalf of O'Patrick Humphrey's survivors and the beneficiaries of O'Patrick Humphrey's estate, Plaintiff, represented by Carl Ethridge Underwood, III , The Cochran Firm & Lance Harrison Swanner , Jacoby & Meyers, LLC.

Robert Lowe, individually and as personal representative of the estate of O'Patrick Humphrey and on behalf of O'Patrick Humphrey's survivors and the beneficiaries of O'Patrick Humphrey's estate, Plaintiff, represented by Carl Ethridge Underwood, III , The Cochran Firm & Lance Harrison Swanner , Jacoby & Meyers, LLC.

The City of Headland, Defendant, represented by James Hillary Pike , Shealy, Crum & Pike, P.C..

Mark Jones, Police Chief, Defendant, represented by James Hillary Pike , Shealy, Crum & Pike, P.C..

Tony Smith, Officer, Defendant, represented by James Hillary Pike , Shealy, Crum & Pike, P.C..

Tony Franks, Officer, Defendant, represented by James Hillary Pike , Shealy, Crum & Pike, P.C..

MEMORANDUM OPINION AND ORDER

W. HAROLD ALBRITTON, Senior District Judge.

I. INTRODUCTION

This case is before the court on a Motion to Dismiss (Doc. # 7), filed on May 15, 2012 by Defendants City of Headland ("City"), City of Headland Police Department ("Police Department"), Police Chief Mark Jones ("Jones"), Officer Tony Smith ("Smith"), and Officer Tony Franks ("Franks"). The Plaintiffs, Velma Jean Humphrey and Robert Lowe...

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