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14-442 - Sliwinski et al v. Burns et al


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14-442 - Sliwinski et al v. Burns et al
August 29, 2016
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Middletown police officers (Doc. #58) is GRANTED by concession and agreement of plaintiffs. See attached ruling. Signed by Judge Jeffrey A. Meyer on 8/29/16. (Adriance, S)ORDER. The motion for summary judgment by the state police officer defendants (Doc. #55) is GRANTED in part and DENIED in part. Summary judgment is GRANTED as to defendants Sergeant Burns and Troopers Pederson, Reid, Morello and John Doe Troopers #1 to #4. Summary judgment is DENIED as to Trooper Gunn because a genuine issue of fact remains concerning the lawfulness of and his entitlement to qualified immunity for his initial entry into the rectory and, in the alternative, with respect to his search of Sliwinski's car. Further facts as developed and found by the jury at trial may warrant a grant of qualified immunity for Gunn with respect to these claims. The motion for summary judgment by the City of Middletown and all of the John Doe