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BODINE v. WARWICK

Nos. 94-7510 and 94-7621.

72 F.3d 393 (1995)

Harry W. BODINE, Jr., Appellant in 94-7510, v. James WARWICK, Trooper; Richard Frunzi, Trooper; Philip Pitt, Trooper; State of Delaware; Clifford M. Graviet, Colonel; Arthur Blansfield, Captain, Trooper James Warwick; Trooper Richard Frunzi, Trooper Philip Pitt, Appellants in 94-7621.

United States Court of Appeals, Third Circuit.

Decided December 26, 1995.

Attorney(s) appearing for the Case

Mark B. Frost (argued), Philadelphia, PA, for appellant/cross appellee, Harry W. Bodine.

Gregg E. Wilson (argued), Jeffrey M. Tascher, Deputy Attorneys General, Department of Justice, Wilmington, DE, for appellees/cross appellants, Warwick, Frunzi and Pitt.

Before: BECKER, NYGAARD, and ALITO, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

Harry W. Bodine, Jr. filed this action, seeking, among other things, to recover under 42 U.S.C. § 1983 on claims that certain Delaware State Troopers violated his Fourth Amendment rights by illegally entering his house without first knocking and requesting admission, by arresting him without probable cause, and by using excessive force to effect his arrest. At the close of the evidence, the district court awarded...

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