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ESTATE OF SMITH v. MARASCO

No. CIV. 00-CV-5485.

227 F.Supp.2d 322 (2002)

ESTATE OF Robert Cecil SMITH; Pauline Smith, Individually and as Administrator of Estate of Robert C. Smith; Dana Smith and Wanda Smith, Plaintiffs, v. Trooper James MARASCO, et al., Defendants.

United States District Court, E.D. Pennsylvania.

January 11, 2002.

Attorney(s) appearing for the Case

Jordan B. Yeager, Boockvar & Yeager, Bethlehem, PA, for plaintiffs.

Theodore E. Lorenz, Office of Atty. Gen., Philadelphai, PA, for defendants.

OPINION AND ORDER

VAN ANTWERPEN, District Judge.

I. INTRODUCTION

Plaintiffs, the Estate of Robert C. Smith, Pauline Smith, Dana Smith and Wanda Smith, have brought this action pursuant to 42 U.S.C. § 1983. Plaintiffs allege that defendants violated Robert Smith's rights under the First, Fourth and Fourteenth Amendments of the United States Constitution. They have also brought a wrongful death claim, a claim for intentional infliction...

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