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MUELLER v. GALLINA

No. CIV. 02-40181.

311 F.Supp.2d 606 (2004)

James B. MUELLER, Plaintiff, v. Lawrence GALLINA, and John and Jane Does 1-10, Defendants.

United States District Court, E.D. Michigan, Southern Division.

March 30, 2004.

Attorney(s) appearing for the Case

Edward L. Ewald, Jr., Dold, Spath, (Troy), Troy, MI, Thomas G. Roth, West Orange, NJ, for James B. Mueller, Plaintiff.

Michael J. Lavoie, Butzel Long (Detroit), Detroit, MI, for Lawrence Gallina, Defendant.

OPINION AND ORDER GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS

GADOLA, District Judge.

This is a "Bivens action" in which Plaintiff alleges that Defendants violated his Fourth Amendment right to be free from unreasonable searches and seizures. See Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388, 396-97, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). "In Bivens, despite the...

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