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BRADWAY v. GONZALES

No. 1131, Docket 93-7831.

26 F.3d 313 (1994)

Rosemary BRADWAY, Plaintiff-Appellant, Earl J. Bradway; Earl J. Bradway, Jr., a minor who sues by his natural parents, guardians, and next friends, Rosemary Bradway and Earl J. Bradway; Justin E. Bradway, a minor who sues by his natural parents, guardians, and next friends, Rosemary Bradway and Earl J. Bradway, Plaintiffs, v. William P. GONZALES, New York State Trooper; Susan C. McDonough, New York State Trooper; Brian T. White, New York State Trooper, Defendants-Appellees, Gerald Spencer, Defendant.

United States Court of Appeals, Second Circuit.

Decided June 10, 1994.

Attorney(s) appearing for the Case

Lewis B. Oliver, Jr., Albany, NY (Oliver & Oliver, Harriet B. Oliver, on the brief), for plaintiff-appellant.

Andrea Oser, Asst. Atty. Gen., Albany, NY (Robert Abrams, Atty. Gen. of the State of N.Y., Peter H. Schiff, Deputy Sol. Gen., of counsel, Nancy A. Spiegel, Asst. Atty. Gen., on the brief), for defendants-appellees.

Dianne M. Dillon, Springfield, MA (Dusel, Murphy, Fennell, Liquori & Powers), for defendant.

Before: WALKER, JACOBS, Circuit Judges, and CARMAN, Judge.

JACOBS, Circuit Judge:

On February 20, 1988, New York State Troopers entered the home of Rosemary Bradway on the pretext of executing an arrest warrant for her ex-husband. The Troopers' objective was to find a wood stove and milk cans that had been stolen from a hunting camp. Upon discovering this cache, the Troopers arrested plaintiff for possessing stolen property and making a false written statement.

Following the dismissal of the criminal charges against...

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