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KRAUSE v. PENNY

Docket No. 87-7256.

837 F.2d 595 (1988)

Michael KRAUSE, Plaintiff-Appellee, v. D.R. PENNY, Edward M. Rooney, the County of Saratoga and the Sheriff's Department of the County of Saratoga, Defendants, D.R. Penny, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 26, 1988.

Attorney(s) appearing for the Case

Michael S. Buskus, Asst. Atty. Gen., Albany, N.Y. (Robert Abrams, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., and Peter J. Dooley, Asst. Atty. Gen., Albany, N.Y., of counsel), for defendant-appellant.

Donald J. Shanley, Troy, N.Y. (Shanley & Shanley, Troy, N.Y., of counsel), for plaintiff-appellee.

Before VAN GRAAFEILAND, MESKILL and NEWMAN, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

D.R. Penny appeals from a $25,000 judgment of the United States District Court for the Northern District of New York which followed a jury trial before Judge Gagliardi. The judgment, in favor of Michael Krause, was based on Penny's alleged violation of Krause's Fourth Amendment rights. 42 U.S.C. § 1983. The jury awarded Krause $150,000, but the award was reduced by remittitur to $25,000. For the reasons that follow, we reverse...

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