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DOMINGUEZ v. BEAME

No. 460, Docket 78-7353.

603 F.2d 337 (1979)

Ana Maria DOMINGUEZ, Plaintiff-Appellant, v. Abraham D. BEAME, Individually and in his official capacity as Mayor of the City of New York, and his successors in office, Michael J. Codd, Individually and in his official capacity as Commissioner of the Police Department of the City of New York, and his successors in office, Sidney Baumgarten, Individually and in his official capacity as Assistant to the Mayor of the City of New York and as Chairman of the Midtown Law Enforcement Coordinating Committee, and his successors in office, the Police Department of the City of New York, Sylvester Bonarti, Individually and in his official capacity as a police officer of the City of New York, Francis Colletti, Individually and in his official capacity as a police officer of the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 28, 1979.

Attorney(s) appearing for the Case

Harlon L. Dalton, Legal Action Center of the City of New York, Inc., New York City (Deborah M. Greenberg, Legal Action Center of the City of New York, Inc., New York City, of counsel), for plaintiff-appellant.

L. Kevin Sheridan, Asst. Corp. Counsel, New York City (Allen G. Schwartz, Corp. Counsel, Judith A. Levitt, Asst. Corp. Counsel, New York City, of counsel), for defendants-appellees.

Before TIMBERS and MESKILL, Circuit Judges, and DOOLING, District Judge.

MESKILL, Circuit Judge:

We are asked to reverse a judgment entered in the United States District Court for the Southern District of New York, Charles M. Metzner, Judge, dismissing an action brought under 42 U.S.C. § 1983 and the Fourteenth Amendment against the Police Department of the City of New York as well as various New York City officials and employees. The substance of the complaint was that appellant had been arrested for "status" rather than conduct...

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