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HOWES v. HITCHCOCK

No. Civ.A. 98-10546-PBS.

66 F.Supp.2d 203 (1999)

Pauline HOWES and Alexander Howes, Plaintiffs, v. Brian HITCHCOCK, Donald Decker, Keith McLellan, and the Town of Marblehead, Massachusetts, Defendants.

United States District Court, D. Massachusetts.

September 9, 1999.

Attorney(s) appearing for the Case

Daniel S. Sharp, Whitfield Sharp & Sharp, Marblehead, MA, Daniel S. Sharp, Marblehead, MA, for Pauline Howes, plaintiffs.

Leonard H. Kesten, Brody, Hardoon, Perkins & Kesten, Boston, MA, Kurt B. Fliegauf, Brody, Hardoon, Perkins & Kesten, Boston, MA, for Brian Hitchcock, individually and as an Officer of the Marblehead Police Department, defendants.

MEMORANDUM AND ORDER

SARIS, District Judge.

INTRODUCTION

This case arises out of the warrantless police entry of a private residence to end an underage, unsupervised drinking party. In March 1998, plaintiffs Pauline Howes and her son Alexander Howes brought suit against three police officers and their employer, the Town of Marblehead, Massachusetts, under 42 U.S.C. § 1983 for violation of their Fourth Amendment rights to

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