Legal Opinion

Milner v. Duncklee

District Court, D. Connecticut

Decided November 8, 2006No. Civil Action 3:02cv1929 (SRU)PublishedCited by 8 opinions

1Opinion of the Court

RULING ON CROSS MOTIONS FOR SUMMARY JUDGMENT

UNDERHILL, District Judge.

On September 30, 2002, the defendants arrested Steven Milner in his home. The arrest was made pursuant to a state court capias issued for failure to appear in a civil case. Milner subsequently filed a complaint, pursuant to 42 U.S.C. § 1983, alleging principally that defendants violated his Fourth Amendment right to be free from unreasonable searches and seizures.

This ease raises the issue whether the capias 1 satisfies the warrant requirement of the Fourth Amendment. For the rea sons that follow, I conclude that it does…

2Cases cited54 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Terry v. OhioSupreme Court of the United States · 1968
  5. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970

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3Cited by8 opinions

  1. Victor Keeylen v. State of IndianaIndiana Court of Appeals · 2014
  2. United States v. KoneDistrict Court, S.D. New York · 2008
  3. Waller v. City of MiddletownDistrict Court, D. Connecticut · 2014
  4. Cole v. GonceDistrict Court, D. Connecticut · 2022
  5. Cole v. GonceDistrict Court, D. Connecticut · 2020

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