Legal Opinion

Hutchinson v. West Virginia State Police

District Court, S.D. West Virginia

Decided August 5, 2010No. Civil Action 3:07-0424PublishedCited by 33 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, District Judge.

Pending before this Court is Defendants’ motion for summary judgment (Doc. 168). For the reasons stated below, the Court GRANTS in part and DENIES in part the motion.

General Background

This case arises out of the search of a home, on July 8, 2005, and into the early hours of July 9, 2005. Although some material facts remain at issue, the following general description of the search is undisputed.

On July 8, 2005, between 11 and approximately 11:40 p.m., a West Virginia State Police Special Response Team (“SRT”) executed a warrant to…

2Cases cited47 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. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  5. Terry v. OhioSupreme Court of the United States · 1968

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3Cited by33 opinions

  1. Brandon Pegg v. Grant HerrnbergerCourt of Appeals for the Fourth Circuit · 2017
  2. Weigle v. Pifer ex rel. City of Vienna Police DepartmentDistrict Court, S.D. West Virginia · 2015
  3. Amin v. United Parcel ServiceCourt of Appeals for the Fifth Circuit · 2023
  4. Youngbey v. District of ColumbiaDistrict Court, District of Columbia · 2011
  5. Rex v. West Virginia School of Osteopathic MedicineDistrict Court, S.D. West Virginia · 2015

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