Phillips v. Ward

MEMORANDUM AND ORDER

NEWCOMER, District Judge.

We have before us an action for damages brought under 42 U.S.C. § 1983 for the death of Gary Louis Phillips when he was fatally shot by Defendant John Ward. Both parties agreed to try the case before this Court without a jury.

In this opinion, we consider only the liability issue, and herein incorporate as required by F.R.C.P. 52(a), our findings of fact and conclusions of law on this issue.

The parties stipulated to the facts relevant to the liability issue. On July 2, 1973, at approximately 1:39 p. m., Defendant received a call from Cheltenham…