District Court, M.D. Alabama April 26, 1995, CV-94-A-1422-N (Harris v. James)

MEMORANDUM OPINION AND ORDER

ALBRITTON, District Judge.

I. INTRODUCTION

This cause is now before the Court on the Motion to Dismiss filed by the Defendants

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on November 28, 1994. For reasons that follow, the Court finds that Defendants’ Motion to Dismiss is due to be DENIED.

II. FACTS AND PROCEDURAL HISTORY

On November 2, 1994, Plaintiffs

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filed this civil action pursuant to 42 U.S.C.