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DIAMONDSTONE v. MACALUSO

Docket No. 97-7216

148 F.3d 113 (1998)

Peter I. DIAMONDSTONE, Plaintiff-Appellant, v. Christopher A. MACALUSO, Leroy Prior, David R. Stanton, A. James Walton, Jr., and State of Vermont, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 22, 1998.

Attorney(s) appearing for the Case

Herbert G. Ogden, Jr., Liccardi, Crawford & Ogden, Rutland, VT, for Plaintiff-Appellant.

Geoffrey A. Yudien, for William H. Sorrell, Vermont Attorney General, Montpelier, VT, for Defendants-Appellees.

Before: FEINBERG, McLAUGHLIN and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

This case arose out of an unfortunate series of encounters between Trooper Christopher A. Macaluso of the Vermont police and Peter I. Diamondstone, a resident of Brattleboro, Vermont. On a dozen occasions between August 1991 and December 1992, Macaluso pulled over Diamondstone and asked him to produce proof that he had auto insurance. On each of these occasions, Diamondstone — who was, in fact, fully insured — invoked the Fifth...

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