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LOWTH v. TOWN OF CHEEKTOWAGA

No. 903, Docket 95-7691.

82 F.3d 563 (1996)

Elizabeth M. LOWTH and William W. Lowth, Sr., Plaintiffs-Appellants, v. The TOWN OF CHEEKTOWAGA, Scott Grant, Individually and in his capacity as an Employee, Agent, Officer and/or Deputy of the Police Department of the Town of Cheektowaga, Daniel Smith, Individually and in his capacity as an Employee, Agent, Officer and/or Deputy of the Police Department of the Town of Cheektowaga, Kenneth Rusin, Individually and in his capacity as an Employee, Agent, Officer and/or Deputy of the Police Department of the Town of Cheektowaga, Anthony Filipski, Individually and in his capacity as an Employee, Agent, Officer and/or Deputy of the Police Department of the Town of Cheektowaga, Michael Hockwater, Individually and in his capacity as an Employee, Agent, Officer and/or Deputy of the Police Department of the Town of Cheektowaga, Michael Isbrandt, Individually and in his capacity as an Employee, Agent, Officer and/or Deputy of the Police Department of the Town of Cheektowaga, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 3, 1996.

As Amended May 21, 1996.

Attorney(s) appearing for the Case

K. Michael Sawicki, Buffalo, N.Y. (Mark J. Schlant, of counsel), for plaintiffs-appellants.

Joseph J. Schoellkopf, Jr., Buffalo, N.Y. (Alan P. Schaefer, of counsel), for defendants-appellees.

Before: McLAUGHLIN, CALABRESI, and CABRANES, Circuit Judges.

CALABRESI, Circuit Judge:

This case involves private citizens who claim that police officers violated their constitutional rights by arresting and prosecuting them on charges of which a jury subsequently absolved them. The district court, on summary judgment, dismissed the citizens' suit against the officers, and the citizens have appealed.

In an appeal from a grant of summary judgment, we are required to consider...

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