Carrell v. City of Portage, Ind.

ORDER

MOODY, District Judge.

This matter is before the Court on a Motion for Summary Judgment filed by defendants City of Portage, Pat Witka, and Marvin Owens on December 7, 1984. Plaintiff Brenda Joyce Carrell, acting as Administrator of the Estate of Charlie Carrell, Jr., deceased, filed a Response to Defendants’ Motion for Summary Judgment on January 8, 1985. Defendant City of Portage filed a Reply on January 14, 1985. The Defendants’ Motion for Summary Judgment is DENIED.

BACKGROUND

This Court exercises diversity jurisdiction over the instant case under 28 U.S.C. § 1332. The plaintiff alleges…