Estate of Smith v. Marasco

OPINION AND ORDER

VAN ANTWERPEN, District Judge.

I. INTRODUCTION

Plaintiffs, the Estate. of Robert C. Smith, Pauline Smith, Dana Smith and Wanda Smith, have brought this action pursuant to 42 U.S.C. § 1983. Plaintiffs allege that defendants violated Robert Smith’s rights under the First, Fourth and Fourteenth Amendments of the United States Constitution. They have also brought a wrongful death claim, a claim for intentional infliction of emotional distress and a survival action under state law against all of the defendants.

Presently before this Court is Defendants’ Renewed and Amended Motion for…