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McKELVIE v. COOPER

Docket No. 98-9557.

190 F.3d 58 (1999)

Bruce McKELVIE, Albert Pinette and Jiggy's 91, Inc., Plaintiffs-Appellants, v. William COOPER, Fred Hall, William Moryto, Dwayne Tompkins, Philip Colla, Jr., William J. Boucher, M. Rochette, Police Officer, Enfield Police Department, David Diaz, Detective, Connecticut State Police Department, Wayne Rioux, Frank Griffin, Jeff Hotsky, J. Castauguay, Gene Giuliano, Pablo Arroyo, Robert Bardelli, Michael Shanley, James Morin, Darlene Laurin, Timothy Hesney, Matthew Barnwell, Ian Case, Sgt. Berger, Officer Turner and Officer Castle, Defendants-Appellees, David N. Rosen and Terrance S. Hawkins, Special Masters.

United States Court of Appeals, Second Circuit.

Decided August 27, 1999.

Attorney(s) appearing for the Case

John R. Williams, New Haven, CT, for Plaintiffs-Appellants.

John P. Pavia, Farmington, CT (David M. Sheridan, Levy & Droney, P.C., of counsel), for Defendants-Appellees Cooper, Hall, Moryto, Tompkins, Rochette, Giuliano, Berger, Turner and Castle.

Robert F. Vacchelli, Assistant Attorney General, State of Connecticut, Hartford, CT (Richard Blumenthal, Attorney General, of counsel), for Defendants-Appellees, Colla, Boucher, Diaz, Rioux, Griffin, Hotsky, Castauguay, Arroyo, Bardelli, Shanley, Morin, Laurin, Hesney, Barnwell and Case.

Before: OAKES and WALKER, Circuit Judges, and KORMAN, District Judge.

OAKES, Senior Circuit Judge:

I. INTRODUCTION

Albert Pinette, Bruce McKelvie, and Jiggy's 91, Inc., plaintiffs, appeal from the Magistrate Judge's grant of summary judgment in favor of defendant police officers on plaintiffs' constitutional and state law tort claims arising out of a police search of a bar and restaurant. Because there were unresolved issues of material fact that should have precluded summary judgment with respect to one plaintiff's...

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