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Argued: June 1, 2001

Plaintiff-appellant appeals from a jury verdict in favor of defendants-appellees on plaintiff’s 42 U.S.C. � 1983 claim that defendants searched his home in violation of the Fourth Amendment. We affirm in part, and vacate and remand in part, with instructions for the district court to conduct a new trial.

John Ellison (“Ellison”) appeals from a jury verdict in favor of current and retired officers of the New York City Police Department (collectively “police officers” or “defendants”) on his 42 U.S.C. � 1983 claim that defendants searched his home in violation of the Fourth Amendment. In particular, Ellison challenges the district court’s (Melancon, J.) instructions to the jury, claiming that in order to render a verdict favorable to Ellison the jury may have believed that it had to find that defendants intentionally violated plaintiff’s rights.

 
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