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LUTHE v. CITY OF CAPE MAY

No. CIV. A. 97-5312.

49 F.Supp.2d 380 (1999)

Shannon Kellie LUTHE, Plaintiff, v. THE CITY OF CAPE MAY, Sgt. William Alvarez, Ptl. Joseph Safaryn, and Andrew K. Boyt, Defendants.

United States District Court, D. New Jersey.

May 25, 1999.

Attorney(s) appearing for the Case

Charles W. Sandman, III, Cape May Court House, NJ, for Plaintiff, Shannon Kellie Luthe.

Susanna J. Morris, Budd, Larner, Gross, Rosenbaum, Greenberg & Sade, P.C., Cherry Hill, NJ, for Defendants, the City of Cape May, Sgt. William Alvarez, and Ptl. Joseph Safaryn.

Michael A. Sorensen, Cape May Court House, NJ, for Defendant, Andrew K. Boyt.

OPINION

ORLOFSKY, District Judge.

Defendants' motion for summary judgment presents two novel issues of law unresolved in this Circuit. First, I must determine the appropriate legal standard to be applied to a civil rights claim for malicious prosecution brought pursuant to 42 U.S.C. § 1983 in the wake of Albright v. Oliver, 510 U.S. 266, 114 S.Ct. 807, 127 L.Ed.2d 114 (1994), and two recent Third Circuit decisions...

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