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DANCY v. McGINLEY

Docket Nos. 15-140-cv(L); 15-1876-cv(CON); 15-1950-cv(XAP).

843 F.3d 93 (2016)

Jarquez DANCY, Plaintiff-Appellant, Jayvon Elting, Plaintiff-Appellee, v. Police Officer Gregg MCGINLEY, Defendant-Appellant, Police Officer John Williams, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 7, 2016.

Attorney(s) appearing for the Case

STEPHEN BERGSTEIN , Bergstein & Ullrich, LLP, Chester, NY, for Plaintiff-Appellee Jayvon Elting.

CHRISTOPHER D. WATKINS , Sussman & Watkins, Goshen, NY, for Plaintiff-Appellant Jarquez Dancy.

JOHN M. MURTAGH ( Denise M. Cossu , on the brief), Gaines, Novick, Ponzini, Cossu & Venditti, LLP, White Plains, NY, for Defendant-Appellant Police Officer Gregg McGinley and Defendant-Appellee Police Officer John Williams.

Before: Livingston, Chin, and Carney, Circuit Judges.

On Friday, October 2, 2009, around 11 p.m., two high school students, Jarquez Dancy and Jayvon Elting, were walking on Main Street in Poughkeepsie, New York. They had been watching a movie at a friend's house, and were returning to Dancy's home, where Elting was to be picked up by his mother.

Police Officer Gregg McGinley...

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