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BOWMAN v. CASLER

No. 83-CV-1140.

622 F.Supp. 836 (1985)

Lucille M. BOWMAN and Dale A. Bowman, Plaintiffs, v. Edward W. CASLER, as Sheriff of the County of Herkimer; William Burke, as Deputy Sheriff of the County of Herkimer; and County of Herkimer, New York, Defendants.

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

November 22, 1985.

Attorney(s) appearing for the Case

Kernan & Kernan, P.C. (John E. Hunt, of counsel), Utica, N.Y., for plaintiffs.

Basloe, Basloe & Gallagher, Evalyn G. Basloe, Herkimer, N.Y., for defendants Burke and Casler.

Gorman, Waszkiewicz & Gorman, Utica, N.Y., for defendant County of Herkimer.

MEMORANDUM — DECISION AND ORDER

MUNSON, Chief Judge.

This is an action for injuries and deprivation of civil rights under 42 U.S.C. § 1983. The action arose out of Deputy Sheriff William Burke's breaking of plaintiff Dale Bowman's finger while Bowman was under arrest. Both sides have moved for summary judgment.

I. FACTS

The following facts are undisputed. The incident occurred when Bowman was being processed at Herkimer County...

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