Legal Opinion
MacDonald v. Town of Eastham
District Court, D. Massachusetts
Decided May 24, 2013No. Civil Action No. 12-12061-RGSPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON DEFENDANTS’ MOTION TO DISMISS
STEARNS, District Judge.
In this action, Philip Macdonald seeks damages to redress alleged violations of the Fourth Amendment and various state laws arising from a warrantless search of his home and his subsequent prosecution in state court based on the fruits of that search. Defendants Town of Eastham, *237Eastham police officers Norman Sylvia and Kate Mungovan, and Barnstable County Sheriffs Department employee Terry Dinan move to dismiss the Complaint for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons set forth…
2Cases cited52 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Pearson v. CallahanSupreme Court of the United States · 2009
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3Cited by4 opinions
- MacDonald v. Town of EasthamCourt of Appeals for the First Circuit · 2014
- State of Tennessee v. Kenneth McCormickTennessee Supreme Court · 2016
- Damon v. HukowiczDistrict Court, D. Massachusetts · 2013
- Henry Aube v. Erin Frost, et al.District Court, D. New Hampshire · 2026