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TACHIQUIN v. STOWELL

No. CV-F-91-340 OWW.

789 F.Supp. 1512 (1992)

Javier TACHIQUIN, Plaintiff, v. Charles A. STOWELL, J.M. Donnelly, Charles Hamm, Defendants.

United States District Court, E.D. California, Fresno Division.

May 4, 1992.

Attorney(s) appearing for the Case

Carolyn D. Phillips, Milrod & Phillips, Fresno, Cal., for plaintiff.

Daniel Bensing, Asst. U.S. Atty., Fresno, Cal., for defendants.

MEMORANDUM OPINION RE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

WANGER, District Judge.

Defendants move for summary judgment in this Bivens action arising out of the warrantless arrest of plaintiff during the execution of a search warrant.

I

BACKGROUND

In late May or June of 1990, Thomas C. Allen, a police officer with the Modesto Police Department and assigned to the Stanislaus County Drug Enforcement Unit, provided information...

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