Cipes v. Graham

Ruling on Motion to Dismiss [Doc. # 13]

ARTERTON, District Judge.

Plaintiffs suit, brought under 42 U.S.C. § 1983, challenges the defendant’s nighttime execution of a misdemeanor arrest warrant in his home without exigent circumstances as an unreasonable seizure under the Fourth Amendment. Defendant Trooper Keith Graham, an officer with the Connecticut State Police, has moved to dismiss the complaint on qualified immunity grounds. Although the Court concludes that such conduct violated the plaintiffs constitutional right against unreasonable seizure, it further finds that this right was not…