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GODSCHALK v. MONTGOMERY COUNTY DIST. ATTORNEY

No. C.A. 00-5925.

177 F.Supp.2d 366 (2001)

Bruce GODSCHALK v. MONTGOMERY COUNTY DISTRICT ATTORNEY'S OFFICE and Bruce L. Castor, Jr., District Attorney, Montgomery County, in his official capacity

United States District Court, E.D. Pennsylvania.

August 27, 2001.

Attorney(s) appearing for the Case

Daivd Rudovsky, Kairys & Rudovsky, Philadelphia, PA, Seth Kreimer, Philadelphia, PA, Barry C. Scheck, New York, NY, for plaintiff.

Walter S. Jenkins, Sweeney, Sheehan & Spencer, Philadelphia, PA, for defendants.

MEMORANDUM OPINION AND ORDER

WEINER, District Judge.

The plaintiff brought this action under 42 U.S.C. § 1983 for access to biological evidence for DNA testing that is currently in the possession of the Office of the District Attorney of Montgomery County and which plaintiff contends can conclusively determine whether he is guilty of two rapes for which he was convicted in state court in May, 1987...

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