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Lorraine Guay v. Thomas Burak, Commissioner of the Department of Environmental Services

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Before Boudin, Selya, and Lipez, Circuit Judges.

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 acquired assets prior to obtaining a discharge from bankruptcy. As a result, the appellees moved for summary judgment on the basis of judicial estoppel, even though appellant’s failure to disclose his claims did not give him an unfair advantage in this proceeding. It was enough, appellees argued, that appellant successfully adopted a position in the bankruptcy proceeding inconsistent with the position he takes here. Agreeing, the district court granted summary judgment for appellees. We affirm.

I.

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