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eBook details

• Title: Robison v. Susan R. Via and Harold Harrison
• Author : United States Court of Appeals for the Second Circuit
• Release Date : January 17, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 84 KB

Description

Defendants Susan R. Via, a Vermont Assistant States Attorney, and Harold Harrison, a Vermont state trooper, appeal from so much of an order of the United States District Court for the District of Vermont, James S. Holden, Judge, as denied their motions for summary judgment dismissing the claims of plaintiff Connie Robison brought under 42 U.S.C. § 1983 (1982) and under state law. The complaint alleges that defendants deprived Robison of the custody of her two children and used excessive force against her in violation of her rights to due process, and that they inflicted physical and emotional injury on her in violation of state law. On appeal, Via and Harrison contend principally that the district court should have summarily dismissed Robisons § 1983 claims because defendants enjoyed either absolute or qualified immunity for their acts. Although we reject defendants claims of absolute immunity, we reverse so much of the order as (1) denied Via and Harrison summary judgment on their defenses of qualified immunity to Robisons § 1983 claims for deprivation of the custody of her children, and (2) denied Via summary judgment with respect to the § 1983 claim against her for excessive force. We affirm the denied of summary judgment as to the § 1983 claim against Harrison for use of excessive force. In addition, we conclude that the district court should decline to take pendent jurisdiction of most of Robisons state-law claims.

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