Legal Opinion

Poling v. Ferguson

District Court, N.D. West Virginia

Decided March 17, 1995No. 5:94-cv-00110PublishedCited by 3 opinions

1Opinion of the Court

ORDER

MAXWELL, District Judge.

Plaintiff seeks to pursue his remedies in this Court pursuant to 42 U.S.C. § 1983. He alleges that defendants Ferguson and Keller, police officers employed by the defendant City of Belington, used excessive force during an unlawful arrest. Plaintiff has also alleged a cause of action against defendant City of Belington, based upon the doctrine of respondeat superior.

On December 15, 1994, defendants filed a Motion to Dismiss, and a memorandum of law in support of the motion. In support of the motion, defendants also submitted two exhibits, namely, the affidavit of…

2Cases cited14 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. N. Brown FELTY, Plaintiff-Appellant, v. GRAVES-HUMPHREYS COMPANY, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1987
  4. Ross v. Communications Satellite Corp.Court of Appeals for the Fourth Circuit · 1985
  5. Town of Newton v. RumerySupreme Court of the United States · 1987

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3Cited by3 opinions

  1. Albert D. Burke v. Bruce J. Johnson, Gary Vaughn, and Jackson TownshipCourt of Appeals for the Sixth Circuit · 1999
  2. Stamps v. City of TaylorMichigan Court of Appeals · 1996
  3. Cox v. Duke Energy, Inc.District Court, D. South Carolina · 2016

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