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SWARTZ v. INSOGNA

Docket No. 11-2846-cv.

704 F.3d 105 (2013)

John SWARTZ, Judy Mayton-Swartz, Plaintiffs-Appellants, v. Richard INSOGNA, Kevin Collins, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 3, 2013.

Attorney(s) appearing for the Case

Elmer Robert Keach, III , Law Office of Elmer Robert Keach, III, PC, Amsterdam, NY, for Appellants.

Catherine Ann Barber , Murphy, Burns, Barber & Murphy, LLP, Albany, NY ( Thomas K. Murphy , Murphy, Burns, Barber & Murphy, LLP, Albany, NY on the brief), for Appellees.

Before: NEWMAN, LYNCH, and LOHIER, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

An irate automobile passenger's act of "giving the finger," a gesture of insult known for centuries,1 to a policeman has led to a seizure of two persons ordered to return to an automobile, an arrest for disorderly conduct, a civil rights suit, and now this appeal. Plaintiffs-Appellants John Swartz ("John") and his wife, Judy Mayton-Swartz ("Judy"), appeal the July 8, 2011, judgment of the United States District...

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