Free Motion for Summary Judgment - District Court of Connecticut - Connecticut

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I ___ Case 3:03-cv-00069-CFD Document 34 Filed 08/17/2004 Page 1 of 2
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I UNITED STATES DISTRICT COURT E; 1
I DISTRICT OF CONNECTICUT n H2
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I James Keeney ; I
I DEFENDANT : August 12, 2004 I
I 1>LAINTIFF's MOTION FOR
I SUMMARY JUDGMENT I
Pursuant to Rule 56, Fed.R.Civ.P., the plaintiff hereby I
requests that this Court deny defendant's April 26, 2004 Motion I
for Summary Judgment, and issue summary judgment in favor of I
the plaintiff. There remains no genuine issue of material facts I
and the plaintiff is entitled to a judgment as a matter of law I
. because: I
1. The facts known to the defendant at the time he submitted I
the arrest warrant application for the plaintiff did not I
establish probable cause for his arrest;
2. The defendant omitted material facts from his arrest _
warrant affidavit;
3. The charges for which the plaintiff was falsely arrested I
were terminated in a manner favorable to him; and I
4. The defendant is not entitled to qualified immunity I
for his actions. I
In support of this motion for summary judgment, the I
plaintiff offers the following documents: I
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g ' Case 3:03-cv-00069-CFD Document 34 Filed 08/17/2004 Page2of2
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! a. Affidavit of Keith Johnson, with attachments;
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i b. Affidavit of Diane Johnson; and
i c. Affidavit of James Keeney, with attachments.
WHEREFORE, the plaintiff respectfully requests that summary
A judgment be issued in his favor. !
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( Respectfully Submitted
THE PLAINTIEF - i
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Keith E. John on
Inmate N0. 27 700
MacDougall C.I. {
1153 East Street South `
Suffield, CT 06080 I
Tel. (860)627-2100 _ {
CERTIFICATION i
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This is to certify that a copy of the foregoing motion ,
was sent this égg day of August, 2004, to:
Stephen R. Sarnoski a
Assistant Attorney General
MacKenzie Hall
110 Sherman Street
Hartford, CT 06105 5
th E. Joh n I
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