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RICHARDSON v. CITY OF NEWARK

Civ. A. No. 76-117.

449 F.Supp. 20 (1978)

Daniel RICHARDSON, Jr., and Anna C. Richardson, his wife, Plaintiffs, v. The CITY OF NEWARK, Delaware, a Municipal Corporation of the State of Delaware, et al., Defendants.

United States District Court, D. Delaware.

March 29, 1978.

Attorney(s) appearing for the Case

John B. Kennedy, Wilmington, Del., for plaintiffs.

Mason E. Turner, Jr., of Prickett, Ward, Burt & Sanders, Wilmington, Del., for individual defendants.

Thomas G. Hughes, City Solicitor, Newark, Del., for defendant City of Newark.

OPINION

MURRAY M. SCHWARTZ, District Judge.

The question raised by this motion to dismiss the complaint is whether an intentional traffic arrest made without probable cause and without good faith is a constitutional violation of sufficient magnitude so as to be cognizable under 42 U.S.C. § 1983. The issue is so framed because on a motion to dismiss, all inferences are construed in favor of the nonmovant.

Plaintiff alleges that he was unlawfully...

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