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RAY v. TOWNSHIP OF WARREN

No. 09-4353.

626 F.3d 170 (2010)

Lawrence V. RAY, Appellant, v. TOWNSHIP OF WARREN; Carolann Garafola, Mayor, in her official capacity; Warren Township Police Department; William Stahl, Chief of Police, in his official capacity; Russell W. Leffert, Lieutenant; Angelo Paolella; Joseph E. Cohen, Officer; Donald V. Calabrese, Officer; Larry Frank, Officer; Rae S. Quast, Officer, in their individual capacities and official capacities as Police Officers in the Township of Warren; Richard M. Sasso, Judge of Warren Township Municipal Court, in his official capacity.

United States Court of Appeals, Third Circuit.

Filed: November 23, 2010.

Attorney(s) appearing for the Case

Michael V. Gilberti , Epstein & Gilberti, Red Bank, NJ, Paul H. Levinson [Argued], McLaughlin & Stern, New York, NY, for Appellant.

Juan C. Fernandez [Argued], Dawn M. Sullivan , O'Toole Fernandez Weiner Van Lieu, Verone, NJ, for Appellees.

Before: SCIRICA, FUENTES and JORDAN, Circuit Judges.

OPINION OF THE COURT

JORDAN, Circuit Judge.

Lawrence V. Ray appeals from an order of the United States District Court for the District of New Jersey granting summary judgment, based on qualified immunity, to several officers of the Warren Township Police Department on his Fourth Amendment claim under 42 U.S.C. § 1983. Ray claims that the officers violated his Fourth Amendment right against unlawful searches when they entered his home while investigating...

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