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WAGNER v. SWARTS

No. 1:09-cv-652 (GLS/DRH).

827 F.Supp.2d 85 (2011)

Michael WAGNER, Levi Ingersoll Ken Fenwick and Sidney Alpaugh, Plaintiffs, v. David J. SWARTS et al., Defendants.

United States District Court, N.D. New York.

November 17, 2011.

Attorney(s) appearing for the Case

Proner, Proner Law Firm, of Counsel, Mitchell L. Proner, Esq. , New York, NY, for the Plaintiffs.

Eric T. Schneiderman , of Counsel, Douglas J. Goglia , Assistant Attorney General, New York State Attorney General, Albany Office, Albay, NY, for the Defendants.

MEMORANDUM-DECISION AND ORDER

GARY L. SHARPE, District Judge.

I. Introduction

Plaintiffs Michael Wagner, Levi Ingersoll, Ken Fenwick and Sidney Alpaugh commenced this action against defendants,1 asserting claims pursuant to 42 U.S.C. §§ 1983 and 1988 for violations of their constitutional rights in conjunction with defendants' implementation and execution of motorcycle checkpoints...

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