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Suarez v. Town of Ogden Dunes, No. 08-2544

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By FindLaw Staff on September 11, 2009 4:40 PM

In plaintiffs' section 1983 action arising from a search of their home and arrests for contributing to the delinquency of a juvenile, resisting arrest and battery of a law enforcement officer, district court's judgment is affirmed where:  1) summary judgment for defendants was appropriate as plaintiffs failed to establish that any statement in an affidavit in support of a search warrant was an intentional or reckless misrepresentation or omission; 2) because there was probable cause for the search warrant, plaintiffs' argument that their arrests were illegal fails; and 3) district court did not abuse its discretion in excluding the earlier portion of the police activity recordings as it would have confused the jury on the issue of excessive force.  

Read Suarez v. Town of Ogden Dunes, No. 08-2544 

Appellate Information

Appeal from the United States District Court for the Northern District of Indiana, Hammond Division
Argued February 25, 2009
Decided September 11, 2009

Judges

Before Flaum, Williams, and Tinder, Circuit Judges 

Opinion by Tinder, Circuit Judge

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