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NIMELY v. CITY OF NEW YORK

Docket No. 04-3240-CV.

414 F.3d 381 (2005)

Thomas NIMELY, Plaintiff-Appellant, v. CITY OF NEW YORK, New York City Police Department, and Police Officer John Muirhead, Defendants-Appellees, Leonard Oechsner, Steven M. Ferrigno, John Doe 1, and John Doe 2 Defendants.

United States Court of Appeals, Second Circuit.

Decided: June 27, 2005.

Attorney(s) appearing for the Case

Michael Steven Kelton, Lippman, Krasnow & Kelton, LLP, New York, NY, for Plaintiff-Appellant.

Karen M. Griffin, for Michael Cardozo, Corporation Counsel for the City of New York, New York, N.Y. (Jennifer A. Rossan, John S. Siffert, on the brief), for Defendants-Appellees.

Before: JACOBS and CALABRESI, Circuit Judges, and JED S. RAKOFF, District Judge.

CALABRESI, Circuit Judge.

This is a civil rights action brought by Plaintiff-Appellant Thomas Nimely ("Nimely") against, among other individuals and entities, Defendants-Appellees the City of New York ("the City"), the New York City Police Department ("NYPD"), and Police Officer John Muirhead ("Muirhead"). The case arose out of a police chase that culminated in Nimely—having been shot by Muirhead—being paralyzed from the waist down. Nimely's federal...

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