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KILLARNEY v. LAPERLA

No. 79 Civ. 3062.

559 F.Supp. 499 (1983)

Michael KILLARNEY, Plaintiff, v. John LAPERLA and Michael Cassidy, Defendants.

United States District Court, E.D. New York.

March 18, 1983.

Attorney(s) appearing for the Case

Herman & Natale, Garden City, N.Y., for plaintiff.

Asst. U.S. Atty. Wentworth E. Miller, E.D.N.Y., Brooklyn, N.Y., for defendants.

MEMORANDUM AND ORDER

GLASSER, District Judge:

This action arises out of an alleged violation of plaintiff's fourth amendment rights1 and is based upon the Supreme Court's decision in Bivens v. Six Unknown Narcotics Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971) which established a cause of action for an aggrieved person to sue for civil damages based on

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