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HUTCHINSON v. WEST VIRGINIA STATE POLICE

Civil Action No. 3:07-0424.

731 F.Supp.2d 521 (2010)

Chasity HUTCHINSON, Plaintiff, v. The WEST VIRGINIA STATE POLICE, et al., Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

August 5, 2010.

Attorney(s) appearing for the Case

Georgia Lee Gates , ACLU of West Virginia Foundation, Morgantown, WV, Leah P. Macia , Spilman Thomas & Battle, Terri S. Baur, ACLU of West Virginia Foundation, Charleston, WV, for Plaintiff.

Michael D. Mullins , Peter J. Raupp , Robert Lee Bailey , Natalie C. Schaefer , Steptoe & Johnson, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, District Judge.

Pending before this Court is Defendants' motion for summary judgment (Doc. 168). For the reasons stated below, the Court GRANTS in part and DENIES in part the motion.

General Background

This case arises out of the search of a home, on July 8, 2005, and into the early hours of July 9, 2005. Although some material facts remain at issue, the following...

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