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KRAUSE v. BENNETT

No. 1087, Docket 89-7034.

887 F.2d 362 (1989)

Michael KRAUSE, Plaintiff-Appellee, v. R.O. BENNETT, Jr., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 20, 1989.

As Amended November 1, 1989.

Attorney(s) appearing for the Case

Michael S. Buskus, Asst. Atty. Gen., State of N.Y., Albany, N.Y. (Robert Abrams, Atty. Gen. of the State of N.Y., Peter H. Schiff, Deputy Sol. Gen., Peter J. Dooley, Asst. Atty. Gen., State of N.Y., 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 OAKES, Chief Judge, and TIMBERS and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Northern District of New York, Cholakis, J. Plaintiff-appellee Krause filed this action under 42 U.S.C. § 1983 (1982), alleging that defendant-appellant Bennett, a New York state trooper, had violated his constitutional rights during the course of events leading up to, and including, Bennett's arrest of Krause on a charge of possession of

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