Legal Opinion

Wilcox v. Elliott

District Court, S.D. West Virginia

Decided February 10, 1999No. Civ.A. 2:98-0007PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are separate summary judgment motions filed by (1) Defendants City of Dunbar, the Police Department of the City of Dunbar, 1 former Mayor Howard Ray Whittington, former Police Chief Ivan Lee; and (2) Defendant Officer Scott E. Elliott. The Court GRANTS in part and DENIES in part Defendants’ motions. The remaining state law claims are REMANDED to the Circuit Court of Kana-wha County pursuant to 28 U.S.C. § 1367.

I. FACTUAL BACKGROUND

At approximately 1:00 p.m. on December 13, 1996, Plaintiff Rick D. Wilcox started his 1989 Honda Accord to…

2Cases cited18 opinions

City of Chicago v. International College of SurgeonsSupreme Court of the United States · 1997
Brinegar v. United StatesSupreme Court of the United States · 1949
Screws v. United StatesSupreme Court of the United States · 1945
Shaw v. StroudCourt of Appeals for the Fourth Circuit · 1994
Michigan v. DeFillippoSupreme Court of the United States · 1979

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3Cited by2 opinions

Samuel v. Ford Motor Co.District Court, D. Maryland · 2000
Shultz v. SmithDistrict Court, D. Maryland · 2003