Legal Opinion

PHEBUS v. City of Memphis

District Court, W.D. Tennessee

Decided October 5, 2004No. 03-2820BPublished

1Opinion of the Court

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS OF DEFENDANT CITY OF MEMPHIS AND GRANTING MOTION TO DISMISS OF DEFENDANT JOSEPH BYERS

BREEN, District Judge.

INTRODUCTION AND PROCEDURAL BACKGROUND

This lawsuit was brought by the Plaintiff, Hayden Vincent Phebus, on November 5, 2003 against the City of Memphis (the “City”); the Memphis, Tennessee Police Department (“MPD”); and W.W. Heren-ton, Walter Crews, Officer Joseph Byers, Officer M. Warren, John Does I-X and Jack Does I-X, individually and in their official capacities. The Plaintiff has alleged pursuant to 42 U.S.C. § 1983…

2Cases cited36 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  5. Graham v. ConnorSupreme Court of the United States · 1989

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