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HUMINSKI v. RUTLAND COUNTY

No. CIV.A. 199-CV-160.

148 F.Supp.2d 373 (2001)

Scott HUMINSKI, Plaintiff, v. RUTLAND COUNTY, Rutland County Sheriff's Department, R.J. Elrick, Hon. Nancy Corsones, Hon. Patricia Zimmerman, Karen Predom, and Rutland District Court, Defendants.

United States District Court, D. Vermont.

June 5, 2001.

Attorney(s) appearing for the Case

William Edward Kraham, Brattleboro, VT, Robert L. Corn-Revere, Hogan & Hartson, Washington, DC, for plaintiff.

Scott Huminski, Bennington, VT, pro se.

Pietro J. Lynn, Heather Elaine Thomas, Lynn & Associates, P.C., Burlington, VT, for Rutland County Sheriff's Dept., R.J. Elrick, defendants.

Joseph Leon Winn, Vermont Attorney General's Office, Montpelier, VT, Peter Welles Hall, Reiber, Kenlan, Schwiebert, Hall & Facey, Rutland, VT, for Nancy Corsones, Vermont District Court Judge, Karen Predom, Vt State Police, Unnamed Vermont State Police Officer, Rutland District Court, M. Patricia Zimmerman, Hon. Judge, Rutland County, defendants.

Opinion and Order

MURTHA, Chief Judge.

(Paper 73)

Defendants Nancy Corsones and M. Patricia Zimmerman renew their request to dismiss Plaintiff Scott Huminski's complaint pursuant to 42 U.S.C. § 1983 alleging that Corsones and Zimmerman violated his First Amendment rights when they executed trespass orders denying Huminski admission to state courthouses and grounds. Corsones and Zimmerman claim that liability cannot attach because, as...

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