KAPPENBERGER v. OATES

No. 84 Civ. 6682 (IBC).

663 F.Supp. 991 (1987)

Alfred KAPPENBERGER, Plaintiff, v. Daniel OATES, Jeffrey Hoerter, William Morris and Robert Macquire, Defendants.

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

July 1, 1987.


Attorney(s) appearing for the Case

Jeffrey Bettan, Westbury, N.Y., for plaintiff.

Frederick A.O. Schwarz, Jr., Corporation Counsel, New York City, for Municipal Defendants; John P. Woods, Jay M. Solomon, Asst. Corp. Counsel, of counsel.


OPINION

IRVING BEN COOPER, District Judge.

Defendants, police officers of the City of New York, move for an award of sanctions and attorneys fees pursuant to Federal Rule of Civil Procedure 11, 42 U.S.C. § 1988 (1982) and the common law prohibiting bad faith litigation. Plaintiff denies any responsibility whatsoever on either ground.

The instant motion for attorney's fees and expenses is granted in all respects.

STATEMENT OF FACTS<...

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