MARTIN v. AFFLERBACH

Civ. No. 85-0035 P.

623 F.Supp. 565 (1985)

Christopher J. MARTIN, Plaintiff, v. Allen, AFFLERBACH, Thomas Collins, James Denormanie, and Inhabitants of the Town of Norway, Defendants.

United States District Court, D. Maine.

December 12, 1985.


Attorney(s) appearing for the Case

Michael J. O'Donnell, Bethel, Me., Murrough H. O'Brien, Dunlap & O'Brien, Portland, Me., for plaintiff.

William W. Willard, Geoffrey H. Hole, John M.R. Paterson, Bernstein, Shur, Sawyer & Nelson, Portland, Me., for defendants.


ORDER ON DEFENDANTS' MOTION TO DISMISS AND FOR SUMMARY JUDGMENT

GENE CARTER, District Judge.

On the evening of January 31, 1983, plaintiff broke into a residence in Norway, Maine. Defendant Collins, a Norway police officer, had received a tip that the burglary would occur and obtained authorization from defendant DeNormandie, the police chief, to conduct a stakeout at the residence. Defendant Afflerbach, another Norway police officer, was positioned inside...

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