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WYCHUNAS v. O'TOOLE

No. Civ.A. 3:01-0557.

252 F.Supp.2d 135 (2003)

Eric WYCHUNAS, Plaintiff v. Michael O'TOOLE, City of Pottsville, Robert Phillips, Schuylkill Haven Borough, Robert Bruce, and the Commonwealth of Pennsylvania, Defendants

United States District Court, M.D. Pennsylvania.

March 25, 2003.

Attorney(s) appearing for the Case

Donald J. Feinberg, Feinberg and Silva, Philadelphia, PA, for Plaintiff.

Robert G. Hanna, Jr., Marshall, Dennehey, Warner, Coleman & Goggin, Harrisburg, PA, for Robert Phillips.

David J. MacMain, Montgomery McCracken Walker & Rhoads, Philadelphia, PA, for City of Pottsville.

Gwendolyn T. Mosley, Harrisburg, PA, for Michael O'Toole.

MEMORANDUM AND ORDER

MANNION, United States Magistrate Judge.

Pending before the court is the defendants' motion for summary judgment. (Doc. No. 33).

I. PROCEDURAL HISTORY AND FACTS

By way of relevant background, on March 30, 2001, the plaintiff filed the instant action pursuant to 42 U.S.C. § 1983. He alleges that the above-named defendants1 violated his civil right to be free from unlawful arrest...

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