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COOK v. CITY OF GROTON

No. 3:94CV435 (RNC).

952 F.Supp. 101 (1997)

Laurie A. COOK, Plaintiff, v. CITY OF GROTON, Groton City Police Department, Thomas Forbes, Kevin Wickes and James Schmitt, Defendants.

United States District Court, D. Connecticut.

February 6, 1997.

Attorney(s) appearing for the Case

Robert I. Reardon, Jr., The Reardon Law Firm, New London, CT, Angelo A. Ziotas, New London, CT, for plaintiff.

Michael Joseph Whalen, Halloran & Sage, Hartford, CT, Matthew Shafner, O'Brien, Shafner, Stuart, Kelly & Morris, Groton, CT, Stephen P. Fogerty, Thomas P. O'Dea, Jr., Halloran & Sage, Westport, CT, for defendants.

RULING AND ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

CHATIGNY, District Judge.

This case presents an issue of qualified immunity under 42 U.S.C. § 1983 in the context of a claim that police officers breached a duty to protect the plaintiff from an assault by a third person in violation of her right to substantive due process. The due process right to special protection on which the plaintiff relies, which is premised on a state-created...

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