Legal Opinion
McKelvie v. Cooper
Court of Appeals for the Second Circuit
Decided August 27, 1999No. Docket No. 98-9557PublishedCited by 26 opinions
1Opinion of the Court
OAKES, Senior Circuit Judge:
I. INTRODUCTION
Albert Pinette, Bruce McKelvie, and Jiggy’s 91, Inc., plaintiffs, appeal from the Magistrate Judge’s grant of summary judgment in favor of defendant police officers on plaintiffs’ constitutional and state law tort claims arising out of a police search of a bar and restaurant. Because there were unresolved issues of material fact that should have precluded summary judgment with respect to one plaintiffs claims, we vacate and remand in part. We affirm on all other issues.
II. BACKGROUND
Our recitation of the facts relies on the memorandum opinion of the…
2Cases cited17 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Terry v. OhioSupreme Court of the United States · 1968
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Ybarra v. IllinoisSupreme Court of the United States · 1980
- Derry Sykes v. John James, New York State Parole OfficerCourt of Appeals for the Second Circuit · 1993
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3Cited by26 opinions
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