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DeMAYO v. NUGENT

Civil Action No. 06-11510-WGY.

475 F.Supp.2d 110 (2007)

Christopher DeMAYO, pro se, Plaintiff, v. Robert NUGENT and Jeffrey Lugas, Defendants.

United States District Court, D. Massachusetts.

February 21, 2007.

Attorney(s) appearing for the Case

Eugenia M. Carris, Barbara Healy Smith, United States Attorney's Office, Teresa J. Walsh, Office of the Attorney General, Boston, MA, Joseph P. Kittredge, Rafanelli & Kittredge, P.C., Acton, MA, Brian J. Rogal, Law Offices of Brian Rogal, Needham, MA, for Defendants.

MEMORANDUM AND ORDER

YOUNG, District Judge.

This case presents the issue of whether two state police officers, acting under the color of federal law, ought be held individually liable for an alleged violation of the Fourth Amendment when they conducted a warrantless protective sweep of the plaintiff's house during a controlled delivery. The issue raises difficult and antipodal questions of the constitutional protection of the home and the safety of...

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