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WILSON v. RUSSO

No. 98-5283.

212 F.3d 781 (2000)

Franklin WILSON, Appellant v. Darrin J. RUSSO, Individually and as a Police Officer of the Franklin Township Police Department, Somerset County, New Jersey; Clement Woroniecki, Individually and as a Police Officer of the Franklin Township Police Department, Somerset County, New Jersey; Franklin Township Police Department, Somerset County, New Jersey; Township of Franklin, Somerset County, New Jersey; John Does, 1-15, represent 1 or more employees or agents of defendant, Franklin Township Police Department who, singly or in combination participated in the unlawful search, false arrest and false imprisonment of the plaintiff; 16-30, represent 1 or more employees or agents of said defendant who, singly or in combination participated in the supervision and training of the defendants, Russo, Woroniecki, and John Does 1-15; 31-45, represent 1 or more employees or agents of defendant, Township of Franklin who, singly or in combination, participated in the supervision and training of said individual defendants.

United States Court of Appeals, Third Circuit.

Filed May 19, 2000.

Attorney(s) appearing for the Case

Irina Elgart, Esquire (argued), Wolff & Samson, Roseland, NJ,

Louis S. Raveson, Esquire, Urban Legal Clinic, Rutgers-Newark, Newark, NJ, Counsel for Appellant.

Richard J. Guss, Esquire (argued), Bivona, Cohen, Kunzman, Coley, Yospin, Bernstein & DiFrancesco, Warren, NJ, Counsel for Appellee.

Before: BECKER, Chief Judge, GARTH, Circuit Judges and POLLAK, District Judge.

OPINION OF THE COURT

BECKER, Chief Judge.

Franklin Wilson was arrested and spent a month in jail for an armed robbery he did not commit. As plaintiff in this civil rights lawsuit arising under 42 U.S.C. § 1983, he claims that his arrest and subsequent incarceration violated his federal and state constitutional rights to be free from arrest and detention without probable cause. The crux of his claim is that the arresting officer, defendant Darrin J....

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