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HOWARD v. EALING

Cause No. 1:11-CV-104.

876 F.Supp.2d 1056 (2012)

Jenoire HOWARD, Sr., Plaintiff, v. Officers Phillip EALING, Clay Taylor, Shane Heath (officers named in their individual capacities) and the City of Fort Wayne, Defendants.

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

July 10, 2012.

Attorney(s) appearing for the Case

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

Adrienne C. Romary, Carson Boxberger LLP, Fort Wayne, IN, for Defendants.

OPINION AND ORDER

ROGER B. COSBEY, United States Magistrate Judge.

I. INTRODUCTION

This lawsuit, brought under 42 U.S.C. § 1983, stems from the arrest of Jenoire Howard, Sr., by Fort Wayne police officers Phillip Ealing, Clay Taylor, and Shane Heath while Howard was selling clothing out of his van on August 13, 2009. Howard claims he was falsely arrested and the victim of an illegal search and seizure, but those allegations are not...

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