Brendle v. City of Houston, Miss.

OPINION

DAVIDSON, Chief Judge.

Before the court is the Municipal Defendants’ 1 Motion to Dismiss on the Basis of Statutory Limitations, Qualified Immunity, or Alternatively, for Summary Judgment. Upon due consideration of the motion, the court finds that the motion should be denied.

Factual Background The Plaintiff, William Brendle (Brendle), operated an auto repair business in the city of Houston, Mississippi. Brendle repossessed a vehicle from the grounds of an auto repair shop operated by the Defendant, Herbert Miller (Miller). On or about January 18, 1996, Miller, who claimed that he was…