O'HAGAN v. SOTO

No. 80 Civ. 1192 (CBM).

565 F.Supp. 422 (1983)

Brian O'HAGAN, Plaintiff, v. Hector L. SOTO, Defendant.

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

May 2, 1983.


Attorney(s) appearing for the Case

Robert Devine, Hollis, N.Y., for plaintiff.

Barry, McTiernan & Moore by Michael F. Close, New York City, for defendant.


OPINION

MOTLEY, Chief Judge.

The simple episode underlying this case, a police interrogation in the absence of counsel, has given rise to somewhat complicated and unusual proceedings over a three year period, including two trials and a remand by the Second Circuit Court of Appeals. At the first trial before this court, the plaintiff, Brian O'Hagan, sought damages pursuant to 42 U.S.C. § 1983 (Supp. IV 1980) for violations of his sixth amendment right...

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