COUDEN v. DUFFY

No. 4-1732.

446 F.3d 483 (2006)

Pamela A. COUDEN; Tiffany A. Couden; Adam R. Couden, a minor, by his next friend, Pamela A. Couden; Nicholas M. Couden, a minor, by his next friend, Pamela A. Couden; Jordan T. Couden, a minor, by his next friend, Pamela A. Couden; Luke J. Couden, a minor, by his next friend, Pamela A. Couden; and Micah J. Couden, a minor, by his next friend, Pamela A. Couden, Appellants, v. Scott DUFFY; James C. Armstrong; Jay Freebery; Liam Sullivan; Two Unknown Named Agents of the Federal Bureau of Investigation; New Castle County; the New Castle County Department of Police; City of Wilmington; City of Wilmington Police Department; *United States of America, (*Amended Per Clerk's Order of 4/7/04).

United States Court of Appeals, Third Circuit.

Filed May 1, 2006.


Attorney(s) appearing for the Case

William D. Fletcher, Jr., Noel E. Primos (Argued), Schmittinger & Rodriguez, P.A., Dover, DE, for Appellants.

Judith A. Hildick, Michele D. Allen (Argued), New Castle County Law Department, New Castle, DE, for Appellees Jay Freebery, James Armstrong, New Castle County, and New Castle County Department of Police.

Colm F. Connolly, United States Attorney, Rudolph Contreras (Argued), Assistant United States Attorney, Office of the United States Attorney, Wilmington, DE, for Appellees Scott Duffy and the United States of America.

Rosamaria Tassone (Argued), City of Wilmington Law Department, Wilmington, DE, for Appellees Liam Sullivan, City of Wilmington, and Wilmington Department of Police.

Before: RENDELL, FUENTES, and WEIS, Circuit Judges.


FUENTES, Circuit Judge.

In the hopes of catching a fugitive wanted for drug and weapons offenses, federal and local law enforcement officers set up undercover surveillance outside a home in Newark, Delaware. During the surveillance, plaintiff-appellant Pamela Couden, who lived near the target house, pulled up in front of her home with five of her children in her car. Couden's 14 year-old son got out of the car to leave his skateboard in the garage and to summon his...

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