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STANSBURY v. WERTMAN

Docket No. 12-713-cv.

721 F.3d 84 (2013)

Linda STANSBURY, Plaintiff-Appellee, v. Chad WERTMAN, Defendant-Appellant, Joseph Lutz and John Does 1 Through 10, Defendants.

United States Court of Appeals, Second Circuit.

Decided: June 26, 2013.

Attorney(s) appearing for the Case

Sudarsana Srinivasan , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Cecelia C. Chang , Deputy Solicitor General, on the brief), for Eric T. Schneiderman, Attorney General of the State of New York, New York, NY, for Appellant Chad Wertman.

Randolph M. McLaughlin ( Jeffrey M. Norton , on the brief), Newman Ferrara LLP, New York, NY, for Appellee Linda Stansbury.

Before: WALKER, SACK, and WESLEY, Circuit Judges.

WESLEY, Circuit Judge:

Chad Wertman ("Wertman") appeals from the January 24, 2012 opinion and order of the United States District Court for the Southern District of New York (Holwell, J.) denying Wertman's motion for summary judgment. Linda Stansbury ("Stansbury") brought this action pursuant to 42 U.S.C. § 1983 alleging false arrest and malicious prosecution. Wertman moved for summary judgment, asserting that (1) there was probable cause for the arrest...

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