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HASSAN v. FRACCOLA

No. 968, Docket 88-7043.

851 F.2d 602 (1988)

Muhammed HASSAN, Plaintiff, v. Guy FRACCOLA, individually and as a police officer of the City of Utica, New York; Louis Paciello, individually and as a police officer of the City of Utica, New York; Wayne Gentile, individually and as a police officer of the City of Utica, New York; Patrick Fraccola, individually; Benny Rotundo, individually and as Chief of Police of the City of Utica, New York; and the City of Utica, New York, Defendants, Guy Fraccola, Defendant-Appellee, City of Utica, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 12, 1988.

Attorney(s) appearing for the Case

Armond J. Festine, Utica, N.Y. (Albert A. Alteri, Corp. Counsel, Utica, N.Y., of counsel), for defendant-appellant.

Elizabeth J. Gibbons, Utica, N.Y. (Rocco A. DePerno, Utica, N.Y., of counsel), for defendant-appellee.

Before OAKES and MINER, Circuit Judges, and POLLACK, District Judge.

OAKES, Circuit Judge:

This appeal presents us with the question when a New York municipality has the duty to defend a police officer from a claim charging him with civil rights violations in both his individual and official capacities. The United States District Court for the Northern District of New York, Howard G. Munson, Chief Judge, decided the question in favor of Guy Fraccola, a former Utica policeman, granting his motion for summary judgment on his cross-claim...

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