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Davidson v. Bennis

United States Court of Appeals, Second Circuit
May 20, 1998
152 F.3d 917 (2d Cir. 1998)

Summary

finding that disagreement between plaintiff's and defendant's accounts of a search of plaintiff's prison cell "creates a credibility issue, especially in light of other inconsistencies in the record regarding the search," including an incomplete list of items seized, which in turn reveals "a genuine issue of material fact, sufficient to prevent summary judgment"

Summary of this case from Pimentel v. U.S. Drug Enforcement Admin.

Opinion

No. 96-2999.

May 20, 1998.

Appeal from the W.D.N.Y.


Decision without published opinion. Vacated.


Summaries of

Davidson v. Bennis

United States Court of Appeals, Second Circuit
May 20, 1998
152 F.3d 917 (2d Cir. 1998)

finding that disagreement between plaintiff's and defendant's accounts of a search of plaintiff's prison cell "creates a credibility issue, especially in light of other inconsistencies in the record regarding the search," including an incomplete list of items seized, which in turn reveals "a genuine issue of material fact, sufficient to prevent summary judgment"

Summary of this case from Pimentel v. U.S. Drug Enforcement Admin.
Case details for

Davidson v. Bennis

Case Details

Full title:DAVIDSON v. BENNIS

Court:United States Court of Appeals, Second Circuit

Date published: May 20, 1998

Citations

152 F.3d 917 (2d Cir. 1998)

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