Batt, et al v. Buccilli
| Timothy Batt, LuAnn Batt and Joseph Batt |
| Joseph Buccilli |
| 1:2012cv01198 |
| December 4, 2012 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Monroe |
| Richard J. Arcara |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| Both |
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Filing
50
DECISION AND ORDER: Magistrate Judge Foschio's Report and Recommendation (ECF No. 45) is ADOPTED IN PART. The Court declines to adopt Judge Foschio's conclusion that no Fourth Amendment violation occurred, and the Court accepts and adopts Judge Foschio's conclusion that Lt. Buccilli is entitled to qualified immunity for the reasons stated in this decision. The Batts' summary judgment motion (ECF No. 35) is DENIED, Lt. Buccilli's summary judgment motion (ECF No. 32) is GRANTED, and this case is DISMISSED WITH PREJUDICE. The Clerk of Court is directed to enter judgment and to close this case. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 3/31/17. (SCE)-CLERK TO FOLLOW UP-
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