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MOORE v. VEGA

Docket No. 02-9209.

371 F.3d 110 (2004)

Yvonne MOORE, Plaintiff-Appellee, v. Angela VEGA, State Parole Officer and A. Lavinio, Defendants-Appellants, George E. Pataki, in his official capacity as Governor of the State of New York, Brion D. Travis, in his official capacity as Chairman of the Division of Parole of the State of New York, and John Doe 1 Thru John Doe, Defendants.

United States Court of Appeals, Second Circuit.

Decided June 10, 2004.

Attorney(s) appearing for the Case

Daniel J. Chepaitis, Assistant Solicitor General, New York, New York (Eliot Spitzer, Attorney General of the State of New York, Michael Belohlavek, Deputy Solicitor General, New York, New York, of counsel), for Defendants-Appellants Angela Vega and Alex Lavinio.

Edward A. Roberts, Brooklyn, New York, for Plaintiff-Appellee Yvonne Moore.

Before: CARDAMONE, SACK, and GIBSON, Circuit Judges.

CARDAMONE, Circuit Judge.

This appeal concerns a late-at-night warrantless search of plaintiff's house by state parole officers. The parole officers searched plaintiff's residence based upon mistaken information. As a result of that invasion plaintiff Yvonne Moore brought suit against the defendant parole officers and others she alleges were responsible for violating her Fourth Amendment rights. The householder should not...

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