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FINIGAN v. MARSHALL

Docket No. 07-0964-cv.

574 F.3d 57 (2009)

Geneva FINIGAN, Plaintiff-Counter-Defendant-Appellee, v. William E. MARSHALL, Individually and in His Official Capacity as Deputy Sheriff of the County of Saratoga, New York, Defendant-Counterclaimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 28, 2009.

Attorney(s) appearing for the Case

John D. Aspland, Jr. (William A. Scott, of counsel), FitzGerald Morris Baker Firth P.C., Glens Falls, NY, for Appellant.

Dennis B. Schlenker, Law Office of Dennis B. Schlenker, Albany, NY, for Appellee.

Before: WINTER, KATZMANN, and RAGGI, Circuit Judges.

WINTER, Circuit Judge:

William E. Marshall, Deputy Sheriff of Saratoga County, appeals from Judge Hurd's denial of qualified immunity from a claim of false arrest. On December 26, 2003, Geneva Finigan went to her former marital residence, where her estranged husband resided, while he was not at home and without his permission, to remove personal property. Marshall, responding to a 911 burglary-in-progress report, arrived at the scene and took Finigan into custody...

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