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HORNE v. PANE

No. 80 Civ. 2381.

514 F.Supp. 551 (1981)

Roosevelt HORNE, Plaintiff, v. Court Officer Joseph PANE, Defendant.

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

May 20, 1981.

Attorney(s) appearing for the Case

Silvera, Brooks & Latimer, New York City, for plaintiff by Trevor Brooks, New York City.

Robert Abrams, Atty. Gen. of the State of N. Y., New York City, for defendant by Ann Horowitz, Deputy Asst. Atty. Gen., New York City.

MEMORANDUM AND ORDER

KNAPP, District Judge.

This is an action brought pursuant to 42 U.S.C. § 1981. Plaintiff claims that on September 15, 1978 defendant, acting in his capacity as a court officer of Brooklyn Criminal Court and under color of State law, "subjected the plaintiff to unlawful assault and battery, and did unlawfully arrest and detain plaintiff, thereby depriving him of his rights as secured by the Constitution and laws of the United States...

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