WHEATLEY v. FORD

Nos. 307, 530, Dockets 81-7443, 81-7621.

679 F.2d 1037 (1982)

Robert WHEATLEY, Plaintiff-Appellee, v. Police Officers Michael FORD, Roger Lafferty, Kevin Gorman, Detectives Edward Zaleski, Gary Tirelli, Jay Richards and Detective Sergeant William Wagner, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 18, 1982.


Attorney(s) appearing for the Case

Sydney J. Chase, Mineola, N. Y. (Ilene S. Cooper, Mineola, N. Y., on brief), for plaintiff-appellee.

Robert O. Boyhan, Deputy County Atty., Mineola, N. Y. (Edward G. McCabe, County Atty., of Nassau County, Mineola, N. Y., on brief), for defendants-appellants.

Before LUMBARD, WATERMAN and VAN GRAAFEILAND, Circuit Judges.


VAN GRAAFEILAND, Circuit Judge:

This is the second appeal in plaintiff's action for unlawful arrest and excessive use of force by defendants, members of the Nassau County Police Department. Plaintiff sued in the United States District Court for the Eastern District of New York, seeking damages under 42 U.S.C. § 1983 for the alleged violation of his constitutional rights. On the first trial, the jury found that Wheatley had been subjected to both an unconstitutional...

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