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CUVO v. DE BIAS

No. Civ.A.03-CV-5799.

339 F.Supp.2d 650 (2004)

Jack Walter CUVO, and Jennifer Cuvo, Plaintiffs v. Christopher DE BIAS, Officer, Individually and in his Official Capacity as a Member of the Palmer Township Police Department, Daniel Monek, Detective, Individually and in his Official Capacity as a Member of the Palmer Township Police Department, Bruce Fretz, Chief of Police, Individually and in his Official and Supervisory Capacity as Chief of the Palmer Township Police Department, and the Township of Palmer, Defendants

United States District Court, E.D. Pennsylvania.

September 30, 2004.

Attorney(s) appearing for the Case

John P. Karoly, Jr., Allentown, PA, for Plaintiffs.

James M. Flood, and Joseph F. McNulty, Jr., Allentown, PA, for Defendants.

OPINION

GARDNER, District Judge.

This matter is before the court on Defendants' Motion to Dismiss Pursuant to F.R.Civ.P. 12(b)(6) filed January 26, 2004.1 For the reasons expressed below, we grant defendants' motion to dismiss plaintiffs' Complaint.

Because we conclude that probable cause existed to arrest plaintiff Jack Walter Cuvo, we dismiss Counts I, II, III, V and VI for failure to state a claim upon which...

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