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HERON v. McGUIRE

No. 1631, Docket 86-7455.

803 F.2d 67 (1986)

Peter J. HERON, Plaintiff-Appellant, v. Robert J. McGUIRE, as Police Commissioner of the City of New York; Bruce Fogarty, as Deputy Commissioner-Trials, New York City Police Department; Clarence D. Robinson as Chief Surgeon, New York City Police Department; Albert Cohen, M.D.; Martin Symond, Ph.D.; Albert Knorr; Robert D. Friedman, M.D.; Captain Louis Papa; Medical Board of the Police Pension Fund, Article II; Board of Trustees of the Police Pension Fund, Article II; and New York City Police Department, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 10, 1986.

Attorney(s) appearing for the Case

Richard A. Dienst, Dienst & Cahn, New York City, for plaintiff-appellant.

Frederick A.O. Schwartz, Jr., Corp. Counsel, New York City, Francis F. Caputo, Elizabeth I. Freedman, of counsel, New York City, for defendants-appellees.

Before KAUFMAN, KEARSE and ALTIMARI, Circuit Judges.

PER CURIAM:

Heron joined the New York City Police Department ("Department") in 1979, and beginning in 1982, he was repeatedly late for work, absent or out sick. In August 1982, Heron visited a police psychologist who determined that he should surrender his guns and be placed on non-patrol duty. The problems with his work habits continued, and his superiors began to suspect drug abuse. On December 1, 1982, Heron was at work...

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