Lawyer v. Cota, 040219 FED2, 18-1136-cv

Docket Nº:18-1136-cv
Party Name:RYAN LAWYER, Plaintiff-Appellant, v. DREW COTA, in his individual capacity as a Trooper for the Vermont State Police, BEN PATNODE, in his individual capacity as a Trooper for the Vermont State Police, DEREK ROLANDINI, in his individual capacity as a Trooper for the Vermont State Police, Defendants-Appellees.
Attorney:Appearing for Appellant: Paul S. Volk, Blodgett, Watts & Volk, P.C., Burlington, VT. Appearing for Appellees: Bartholomew J. Gengler, Assistant Attorney General for the State of Vermont, Montpelier, VT.
Judge Panel:Present: ROSEMARY S. POOLER, DENNY CHIN, Circuit Judges, ERIC N. VITALIANO, District Judge.
Case Date:April 02, 2019
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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RYAN LAWYER, Plaintiff-Appellant,

v.

DREW COTA, in his individual capacity as a Trooper for the Vermont State Police, BEN PATNODE, in his individual capacity as a Trooper for the Vermont State Police, DEREK ROLANDINI, in his individual capacity as a Trooper for the Vermont State Police, Defendants-Appellees.

No. 18-1136-cv

United States Court of Appeals, Second Circuit

April 2, 2019

UNPUBLISHED OPINION

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

At a stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York on the 2nd day of April, two thousand nineteen.

Appeal from a judgment of the United States District Court for the District of Vermont (Crawford, C.J.).

Appearing for Appellant: Paul S. Volk, Blodgett, Watts & Volk, P.C., Burlington, VT.

Appearing for Appellees: Bartholomew J. Gengler, Assistant Attorney General for the State of Vermont, Montpelier, VT.

Present: ROSEMARY S. POOLER, DENNY CHIN, Circuit Judges, ERIC N. VITALIANO, 1 District Judge. 2

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED.

Plaintiff-Appellant Ryan Lawyer appeals from the April 4, 2018, judgment of the United States District Court for the District of Vermont (Crawford, C.J.) granting Defendants-Appellees' motion for reconsideration and dismissing Lawyer's complaint alleging that he was improperly held on felony drug possession charges in its entirety. We assume the parties' familiarity with the underlying facts, procedural history, and specification of issues for review.

Trooper Drew Cota arrested and detained Lawyer, who was intoxicated at the time, for impeding a public officer and disorderly conduct. After...

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