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WADE v. BRADY

Civil Action No. 04cv12135-NG.

612 F.Supp.2d 90 (2009)

Robert WADE, Plaintiff, v. Bernard F. BRADY, Thomas F. Reilly, and Timothy J. Cruz, Defendants.

United States District Court, D. Massachusetts.

April 30, 2009.

Attorney(s) appearing for the Case

Janet H. Pumphrey, Lenox, MA, for Plaintiff.

Randall E. Ravitz, Eva M. Badway, Office of the Attorney General, Boston, MA, for Defendants.

MEMORANDUM AND ORDER RE: MOTIONS FOR SUMMARY JUDGMENT

GERTNER, District Judge:

I. INTRODUCTION

Robert Wade ("Wade") brings this action under 42 U.S.C. § 1983 to vindicate his due process right to access certain biological evidence post-conviction. He aims to subject that evidence to DNA testing and use the results, which he believes will be exculpatory, to challenge...

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