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MEARS v. McCULLEY

Civil Action No. CV-09-S-2540-NE.

881 F.Supp.2d 1305 (2012)

Jacob O'Neal MEARS, Plaintiff, v. Brett McCULLEY, and City of Huntsville, Alabama, Defendants.

United States District Court, N.D. Alabama, Northeastern Division.

July 19, 2012.

Attorney(s) appearing for the Case

James C. Alison, Attorney at Law, Huntsville, AL, for Plaintiff.

C. Gregory Burgess, Michael L. Fees, Allison B. Chandler, Fees & Burgess PC, Huntsville, AL, for Defendants.

MEMORANDUM OPINION AND ORDER

LYNWOOD SMITH, District Judge.

Jacob O'Neal Mears commenced this action against the City of Huntsville and one of its police officers, Brett McCulley, in the Circuit Court of Madison County, Alabama. Based upon the fact that plaintiff's state-court complaint appeared to assert at least two claims based upon the United States Constitution,1 defendants timely filed notice of their intent to remove...

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