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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SOUTHERN DIVISION

C. HELENE THOMAS, et al., Plaintiffs, v. Civil Action No. AW-99-3788 COMMISSIONERS OF CHARLES COUNTY, MARYLAND, et al., Defendants. MEMORANDUM OPINION Presently before the Court is Defendant Sears, Roebuck & Co's Motion to Dismiss Counts I, II and V of the First Amended Complaint. With an opposition having been filed by Plaintiffs and a reply filed by Defendant, the motion is ripe for resolution. No hearing is deemed necessary. See Local Rule 105.6 (D. Md.). For the reasons discussed below, the Court will grant Defendant's motion. BACKGROUND Plaintiffs C. Helene Thomas and her minor sons,1 Allan Williams and Sidney Williams, allege that on December 20, 1998, the children were assaulted by officers of the Charles County Sheriff's Department after they exited a Sears store at the Saint Charles Towne Center in Waldorf, Maryland. As the Court fully set forth the facts of this case in its previous Memorandum Opinion in this matter, an abbreviated procedural history is included herein. The instant action was filed in this Court on November 20, 1999. In an Order dated April 10, 2000, the Court dismissed all claims against the

Plaintiffs represent in their response brief and in their Amended Complaint that the Plaintiffs seeking redress are the two minor boys. Their mother, Ms. Thomas, filed this matter on behalf of her sons as their next of kin. See Amended Complaint , at

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