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ESTES-EL v. STATE OF N.Y.

No. 80 Civ. 4472(MEL).

552 F.Supp. 885 (1982)

Melvin ESTES-EL, Plaintiff, v. The STATE OF NEW YORK, The New York State Thruway Authority, The New York State Conservation Department, The Department of Correction, County of Westchester, Valhalla, New York and Their Servants and Agents: Somers Court Justice Judge Arthur R. Covy, Conservation Officer Stephen Cook, Shield Number 163; and State Police Officer Kenneth W. Caufield, Jr., Shield Number 3169 — Troup K and Joe Panzarino, Somers Texaco, Defendants.

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

As Corrected December 29, 1982.

Attorney(s) appearing for the Case

Emmanuel J. Lobato, North Tarrytown, N.Y., for plaintiff.

Robert Abrams, Atty. Gen., State of N.Y., New York City, for defendants Cook and Caufield; Howard L. Zwickel, Asst. Atty. Gen., New York City, of counsel.

LASKER, District Judge.

Plaintiff, Melvin Estes-El, was fishing in the Croton Reservoir in Westchester County, New York, on May 10, 1982 when he was arrested for fishing without a license. This complaint alleges that the defendants arrested him without probable cause, without authority, and with excessive force; kept him shackled to a wall without cause; failed to inform him of the charge against him; failed to give him the Miranda warnings; strip-searched...

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