RUBIN v. SMITH

Civ. No. 92-273-SD.

817 F.Supp. 995 (1993)

Carol A. RUBIN, individually and as the Maternal Parent of Rebecca B. Rubin, an infant, under the age of Fourteen years, Plaintiffs, v. Philip SMITH, Sr., individually and in his official capacity as a Police Officer of the Town of Salem, and Fred Rheault, individually and in his official capacity as a Police Officer of the Town of Salem, and James Ross, individually and in his official capacity as Chief of Police of the Town of Salem, and Town of Salem, a municipal corporation of the State of New Hampshire, as an individual, and Dan Stebbens, individually and in his official capacity with the Connecticut State Police, and John Ragazzi, individually and in his official capacity with the Connecticut State Police, and Harvey Rubin and Quentin Rubin, Defendants.

United States District Court, D. New Hampshire.

April 7, 1993.


Attorney(s) appearing for the Case

Carol A. Rubin, pro se.

Richard Y. Uchida, Concord, NH, for Rebecca Rubin.

Margaret Quilter Chapple, Office of Atty. Gen., Hartford, CT, for Ragazzi & Stebbens.

Wayne C. Beyer, Concord, NH, for Salem, Ross, Rheault, Smith.

Theodore Wadleigh, Manchester, NH, for Ragazzi & Stebbens.

Robert Larson, Concord, NH, Jonathan Katz, New Haven, CT, for Quentin & Harvey Rubin.


ORDER

DEVINE, Senior District Judge.

This order addresses the motion to dismiss by defendants Philip Smith, Sr., Fred Rheault, James Ross, and the Town of Salem, New Hampshire, to which plaintiff Carol Rubin objects. In this civil rights action, plaintiffs allege that Rebecca Rubin was taken from Carol Rubin by the defendants, in violation, inter alia, of plaintiffs' federally protected right of access to the courts and, further, that plaintiffs were deprived...

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