GARNETT v. UNDERCOVER OFFICER C0039

Docket Nos. 15-1489 (Lead), 15-1500 (XAP) August Term, 2015.

838 F.3d 265 (2016)

Kwame GARNETT, Plaintiff-Appellee-Cross-Appellant, v. UNDERCOVER OFFICER C0039, Individually and In his official capacity, Defendant-Appellant-Cross-Appellee, Undercover Officer C0243, Individually and In his official capacity, Defendant-Appellee, City of New York, Neftali Betances, Individually and In his official capacity, Keith Carpenter, Individually and In his official capacity, Abel Joseph, Individually and In his official capacity, Erick Ortiz, Individually and In his official capacity, Carlos Sierra, Individually and In his official capacity, Tyrone Viruet, Individually and In his official capacity, John Does, Nos. 1-10, Individually and In their official capacity (the names John and Jane Doe being fictitious, as the true names are presently unknown), Jane Does, Nos. 1-10, Individually and In their official capacity, (the names John and Jane Doe being fictitious, as the true names are presently unknown), Defendants.

United States Court of Appeals, Second Circuit.

Decided: September 30, 2016.


Attorney(s) appearing for the Case

ROBERT T. PERRY , Brooklyn, NY, for Plaintiff-Appellee-Cross-Appellant Kwame Garnett.

RICHARD DEARING , of counsel ( Cecilia Chang , Ingrid R. Gustafson , on the brief), for Zachary W. Carter , Corporation Counsel of the City of New York, New York, NY, for Defendant-Appellant-Cross-Appellee Undercover Officer C0039 and Defendant-Appellee Undercover Officer C0243.

Before: POOLER, SACK, and LYNCH, Circuit Judges.


Both plaintiff-appellee-cross-appellant Kwame Garnett and defendant-appellant-cross-appellee Undercover Officer C0039's ("UC 39") appeal from a judgment, entered after a jury trial in the United States District Court for the Southern District of New York (Gregory H. Woods, J.), finding UC 39 liable for denying Garnett...

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