On November 23, 1976, plaintiff commenced an action against the City of Albany and police officers Smith, Morin and Berben. The complaint alleged that plaintiff was assaulted, without provocation, by officer Smith in a grill in the City of Albany. Further, it was alleged that Smith, together with the other named defendants, arrested plaintiff without probable cause in order to cover up and conceal the misconduct of Smith who was off duty at the time of the alleged assault...
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