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BROCKWAY v. SHEPHERD

No. 4:CV-96-1220.

942 F.Supp. 1012 (1996)

Louis BROCKWAY, Plaintiff v. Jim R. SHEPHERD and Kimberly Milazzo, Defendants.

United States District Court, M.D. Pennsylvania.

October 4, 1996.

Attorney(s) appearing for the Case

Barry H. Dyller, Wilkes Barre, PA, for plaintiff.

Harry T. Coleman, Abrahamsen, Moran & Conaboy, Scranton, PA, for defendant Shepherd.

David E. Heisler, Lenahan & Dempsey, Scranton, PA, for defendant Milazzo.

MEMORANDUM

McCLURE, District Judge.

BACKGROUND:

On July 1, 1996, plaintiff Louis Brockway initiated this action by filing a complaint pursuant to 42 U.S.C. § 1983. Brockway alleges that he was arrested and prosecuted without probable cause by defendant Kimberly Milazzo, a police officer employed by the Courtdale (Luzerne County, Pennsylvania) Police Department. The arrest was for

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