Wagner v. Waitlevertch

Dismissal of complaint affirmed in action brought under 42 USCA Section 1983 for violation of plaintiff's 4th Amendment rights because plaintiff failed to plead requisite elements of malicious prosecution, unlawful arrest or unlawful seizure of property.

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J. A55007/00

� 1 Appellant, Bernard Wagner, appeals from the court’s dismissal of his Second Amended Complaint after granting Appellees’ preliminary objections. We affirm.

� 2 This case results from the removal of cattle by Appellant from another’s farm and the subsequent removal of those cattle from Appellant by law enforcement officials. Appellant alleges that he owned 16 head of cattle that were boarded at the Anthony farm, pursuant to an oral contract. In June of 1996, Appellant retrieved 14 head of cattle from the Anthony farm. The Anthonys subsequently reported the removal of the cattle to the police. A warrant was issued and Appellee Rictor, Chief of the Vernon Township Police Department, seized 10 head of cattle from where Apellant kept them and returned them to the Anthony farm.

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Wagner v. Waitlevertch

Dismissal of complaint affirmed in action brought under 42 USCA Section 1983 for violation of plaintiff's 4th Amendment rights because plaintiff failed to plead requisite elements of malicious prosecution, unlawful arrest or unlawful seizure of property.

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