District Court, W.D. Tennessee October 5, 2004, 03-2820B (PHEBUS v. City of Memphis)

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS OF DEFENDANT CITY OF MEMPHIS AND GRANTING MOTION TO DISMISS OF DEFENDANT JOSEPH BYERS

BREEN, District Judge.

INTRODUCTION AND PROCEDURAL BACKGROUND

This lawsuit was brought by the Plaintiff, Hayden Vincent Phebus, on November 5, 2003 against the City of Memphis (the “City”); the Memphis, Tennessee Police Department (“MPD”); and W.W.