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SEWELL v. DEVER

Civil Action No. 83-0060 Erie.

581 F.Supp. 556 (1984)

Phillip SEWELL, Gordon Sewell and Nona Sewell, his wife, Samantha Nichols, by R.M. Nichols, Plaintiffs, v. Merrill DEVER, Individually and as Chief of the Police Department of the Township of Millcreek; Peter Bricker, Individually and as Millcreek Township Supervisor; Arthur Detisch, Individually and as Millcreek Township Supervisor; Unknown Defendants, Certain Designated Persons who at this time are unknown but were present at or about 10:00 P.M. until 12:00 Midnight on August 28, 1982 at the Millcreek Municipal Building; Henry Miraldi, Individually and as a Police Officer and Detective in the Millcreek Township Police Department; The Township of Millcreek, Defendants.

United States District Court, W.D. Pennsylvania.

March 1, 1984.

Attorney(s) appearing for the Case

John E. Cooper, Erie, Pa., Douglas Painter, Cleveland, Ohio, for plaintiffs.

Ted Padden, Charles K. Moffatt, Erie, Pa., for defendants.

MEMORANDUM OPINION

MENCER, District Judge.

This is an action for relief under the Civil Rights Act of 1871, 42 U.S.C. § 1983, for alleged constitutional deprivations. The court has before it cross motions for summary judgment and plaintiffs' motion to strike the affidavit of Michael J. Veshecco. In addition to the motions, the parties have submitted affidavits and briefs in support of their respective positions and the depositions of the major witnesses...

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