Shevlin v. Cheatham

OPINION AND ORDER

MARBLEY, District Judge.

I. INTRODUCTION

This matter is before the Court on the Defendant’s Motion for Partial Summary Judgment, filed on October 2, 2001. The Court held a hearing on the motion on April 24, 2002. Jurisdiction is proper pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1367.

For the following reasons, the Court GRANTS the Defendant’s Motion for Partial Summary Judgment in part, and DENIES the Defendant’s Motion for Partial Summary Judgment in part.

II. FACTS AND PROCEDURAL HISTORY

A. Uncontested Facts

On May 26, 1997, the Plaintiffs, Thomas and Amy Shevlin, brought their…