Estate of Brown v. Barian

DECISION AND ORDER RE: DEFENDANTS’ MOTION TO DISMISS

CALLAHAN, United States Magistrate Judge.

I. PROCEDURAL BACKGROUND AND THE PLAINTIFFS’ COMPLAINT

What happened to 21 year old Randy Brown on August 21, 1997, is every parent’s worst nightmare. On that day, according to the complaint filed in this action, Randy Brown, who was attempting to serve as a peacemaker in a street confrontation between Patrick N. Rucker (“Ruck-er”) and others, was shot and killed by Rucker.

The complaint in this action does not, however, name Rucker as a defendant. Instead, the Estate of Randy Lonnell Brown by its…