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MONTGOMERY v. DE SIMONE

No. 97-5179.

159 F.3d 120 (1998)

Rosemary MONTGOMERY, Appellant, v. Jeffrey DE SIMONE, PTL. a/k/a Joseph De Simone, PTL; Township of Brick; County of Ocean; Brick Township Police Department; John Doe, Individually and as an employee of the Brick Township Police Department.

United States Court of Appeals, Third Circuit.

Decided October 16, 1998.

Attorney(s) appearing for the Case

William J. Farley, Jr. (Argued), Manasquan, NJ, for Appellant.

Michael E. Wilbert (Argued), Ben A. Montenegro, Wilbert & Montenegro, Brick Town, NJ, for Appellee Joseph De Simone.

Steven N. Cucci, Cucci & McCarthy, Brick, NJ, for Appellee Township of Brick and Brick Township Police Department.

Before: MANSMANN, ROTH and McKEE, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

Rosemary Montgomery appeals from the entry of summary judgment against her in her suit brought pursuant to 42 U.S.C. § 1983 which arises out of the events surrounding her arrest on September 30, 1992. Montgomery alleges that Officer Jeffrey De Simone did not have probable cause to stop and arrest her for speeding and drunk driving. She accordingly brought several...

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