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RUSSELL v. COYLE

266 N.J. Super. 651 (1993)

630 A.2d 396

DAVID RUSSELL, PLAINTIFF-APPELLANT, v. GEORGE T. COYLE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 4, 1993.

Attorney(s) appearing for the Case

Vincent P. Manning argued the cause for appellant (Schottland, Vernon, Aaron, Plaza, Costanzo & Manning, attorneys; Michael D. Schottland, of counsel; Mr. Manning, on the brief).

James D. Harris, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Mr. Harris, on the brief).

Before Judges KING, LANDAU and THOMAS.

The opinion of the court was delivered by KING, P.J.A.D.

This is an appeal by plaintiff from the grant of a motion for summary judgment in favor of defendant, a State Trooper, on the ground of qualified immunity. The action, brought under 42 U.S.C.A. § 1983, sought damages for illegal seizure of property. The Law Division judge concluded that there was no clear or apparent violation of plaintiff's constitutional rights established and that defendant's...

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