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MUTTER v. TOWN OF SALEM

Civil No. 94-299-SD.

945 F.Supp. 402 (1996)

Carl MUTTER v. TOWN OF SALEM; James Ross, Individually and in His Official Capacity as Police Chief for the Town of Salem, New Hampshire; Fred A. Rheault, Jr., Individually and in His Official Capacity as an Officer of the Salem Police Department; Mark Cavanaugh, Individually and in His Official Capacity as an Officer of the Salem Police Department.

United States District Court, D. New Hampshire.

November 14, 1996.

Attorney(s) appearing for the Case

Peter E. Hutchins, Wiggin & Nourie, Manchester, NH, for plaintiff.

Robert E. McDaniel, Devine, Millimet & Branch, Manchester, NH, for defendants.

ORDER

DEVINE, Senior District Judge.

In this civil rights action, plaintiff Carl Mutter brings various claims arising out of his arrest and prosecution for felonious sexual assault. The complaint brings claims pursuant to 42 U.S.C. § 1983, as well as state law.

Presently before the court is defendants' motion for summary judgment, in which all the named defendants have moved for summary judgment on essentially two grounds: (1) Mutter...

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