POWELL v. GARDNER

No. 130, Docket 89-7183.

891 F.2d 1039 (1989)

David POWELL, Plaintiff-Appellant, v. Daniel P. GARDNER, Badge No. 2879, individually and as a police officer of the Suffolk County, New York Police Department; "John Doe", individually and as a police officer of the Suffolk County, New York Police Department; "Norman Noe", individually and as a police officer of the Suffolk County, New York Police Department; "Richard Roe", individually and as a police officer of the Suffolk County, New York Police Department and County of Suffolk, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 13, 1989.


Attorney(s) appearing for the Case

Arthur V. Graseck, Jr., Port Washington, N.Y., for plaintiff-appellant.

Charles P. Kelly, Asst. County Atty., Hauppauge, N.Y. (E. Thomas Boyle, Suffolk County Atty., Dennis E. Milton, Chief Deputy County Atty., Frederick Eisenbud, Asst. County Atty., Hauppauge, N.Y., on the brief), for defendants-appellees.

Before VAN GRAAFEILAND, MESKILL, and KEARSE, Circuit Judges.


KEARSE, Circuit Judge:

Plaintiff David Powell appeals from a final judgment of the United States District Court for the Eastern District of New York, Mark A. Costantino, Judge, dismissing (a) his claims under 42 U.S.C. § 1983 against defendants Daniel Gardner and the County of Suffolk ("County") for use of excessive force in connection with an arrest, in violation of his rights under the Constitution, and (b) his pendent state-law claims, following directed...

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