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GARGANO v. BELMONT POLICE DEPT.

Civil Action No. 06-11687-RCL.

476 F.Supp.2d 39 (2007)

Paul N. GARGANO, Plaintiff v. BELMONT POLICE DEPARTMENT, Defendant.

United States District Court, D. Massachusetts.

March 7, 2007.

Attorney(s) appearing for the Case

Sean M. Beagan, Paul A. Gargano, Gargano and Associates, Cambridge, MA, for Plaintiff.

Jackie A. Cowin, Joseph L. Tehan, Jr., Kopelman & Paige, PC, Boston, MA, for Defendant.

ORDER ON MOTION TO DISMISS COMPLAINT FOR FAILURE TO STATE A CLAIM UNDER FED. R. CIV. P. 12(b)(6)

LINDSAY, District Judge.

Before the court is a motion of the defendant to dismiss the complaint, pursuant to Fed.R.Civ.P. 12(b)(6). Although not stated in precise terms, count II of the complaint appears to allege a violation of the plaintiff's Fourth Amendment right to be free from unlawful arrest: "The defendant violated the plaintiff's Federal and State...

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