Bastian v. Dipaola, No. Cv 98 0418322 S (Jul. 24, 2002)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION: (RE: MOTION FOR SUMMARY JUDGMENT #106)

FACTS

This case is a civil rights action, pursuant to42 U.S.C. § 1983,1 arising from an alleged search by public health officials of a day spa business that was operated out of a private home. Doreen Bastian, the plaintiff, is the operator of the day spa, which she operates under the name Bastian's or Bastian's Day Spa.

Giovanni DiPaola and Jolanta Gawinski, the defendants, are officials of the department of public health. In an affidavit, DiPaola averred…