Love v. Budai

Asserting the existence of a genuine fact dispute, plaintiffs appeal from a summary judgment accorded defendants in this “Bivens”-styled damage action against members of the D.C. Metropolitan Police Department. We reverse the judgment with respect to defendants Budai, Robertson, and Finkelberg. As to Budai and Robertson, we find in the record, particularly in plaintiff Pearl Love’s sworn statements, a pointed issue of fact concerning what those defendants observed prior to requesting a search warrant. Until that matter is aired more thoroughly, no secure judgment may be made on the ultimate…