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SMITH v. TOLLEY

Civil Action No. 3:95CV979.

960 F.Supp. 977 (1997)

Booth SMITH, Plaintiff, v. Gary D. TOLLEY, Defendant.

United States District Court, E.D. Virginia, Richmond Division.

April 4, 1997.

Attorney(s) appearing for the Case

Booth Smith, Chester, VA, pro se.

John H. OBrion, Derrick Thomas, Cowan & Owen, P.C., Richmond, VA, for Defendant.

MEMORANDUM OPINION

PAYNE, District Judge.

In this action, brought pursuant to 42 U.S.C. § 1983, Booth Smith asserts several claims against Gary D. Tolley, a Chesterfield County Police Officer.1 Smith alleges that Tolley:

(1) deprived Smith of the right to retreat into his home, as secured by the Fourth and Fourteenth Amendments to the United States Constitution;

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