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BIELUCH v. SULLIVAN

No. 1368, Docket 92-9314.

999 F.2d 666 (1993)

Joseph H. BIELUCH, Jr., Plaintiff-Appellant, v. Bernard SULLIVAN, Commissioner of Public Safety, I/O, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 27, 1993.

Attorney(s) appearing for the Case

Jon L. Schoenhorn, Hartford, CT, for plaintiff-appellant.

Margaret Quilter Chapple, Asst. Atty. Gen. for the State of Conn. (Richard Blumenthal, Atty. Gen.; Michael J. Lanoue, Asst. Atty. Gen.), for defendant-appellee.

Before: PRATT and JACOBS, Circuit Judges, and Whitman KNAPP, Senior District Judge for the United States District Court for the Southern District of New York, sitting by designation.

GEORGE C. PRATT, Circuit Judge:

Plaintiff Joseph H. Bieluch, Jr., appeals from a summary judgment granted by the United States District Court for the District of Connecticut, Alan H. Nevas, Judge, holding that qualified immunity protected defendant Bernard Sullivan from liability under 42 U.S.C. § 1983 for summarily transferring Bieluch from his position as resident trooper. For the reasons set forth below, we reverse.

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