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GUAY v. BURAK

No. 10-2513.

677 F.3d 10 (2012)

Lorraine GUAY, Plaintiff, Kevin Guay, Plaintiff, Appellant, v. Thomas BURACK, Commissioner of the Department of Environmental Services for the State of New Hampshire; Concord Police Department; Michael A. Delaney, NH Attorney General; Sean Ford, Detective, Concord Police Department; Concord, NH, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Heard September 14, 2011.

Attorney(s) appearing for the Case

Barbara Goodwin , with whom Murray, Plumb & Murray was on brief, for appellants.

Erik G. Moskowitz , with whom Charles P. Bauer and Gallagher, Callahan & Gartrell were on brief, for appellees.

Before BOUDIN, SELYA, and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

This case requires us to apply the doctrine of judicial estoppel in somewhat unusual circumstances. While engaged in a Chapter 7 bankruptcy action, the appellant, Kevin Guay, brought numerous claims against the appellees, government officials and a police officer, seeking damages for an allegedly illegal search of his property. Guay, however, failed to amend his bankruptcy schedules, as required, to disclose the existence of his claims as newly...

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