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CALAMIA v. CITY OF NEW YORK

No. 1123, Docket 88-9082.

879 F.2d 1025 (1989)

Barry CALAMIA, Plaintiff-Appellee, v. The CITY OF NEW YORK, the Police Department of the City of New York, and Kevin Sutton, individually and as Police Officer of the City of New York, John Doe Officers, individually and as Officers of the Police Department of the City of New York, John Doe Officer, individually and as Commanding Officer of the Sixty Third Precinct of the Police Department of the City of New York, John Doe, individually, and Elizabeth Smyth, and Elizabeth Smyth a/k/a Betty Patterson, and Robert J. McGuire, as Commissioner of the Police Department of the City of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 22, 1989.

Attorney(s) appearing for the Case

Sheldon M. Krupnick, Garden City, N.Y. (Krupnick & Goldman, Garden City, N.Y., on the brief), for plaintiff-appellee.

Edward F.X. Hart, New York City (Peter L. Zimroth, Corporation Counsel for the City of New York, Leonard J. Koerner, Jonathan Pines, Paul Marks, New York City, on the brief), for defendants-appellants.

Before KEARSE, CARDAMONE, and PIERCE, Circuit Judges.

KEARSE, Circuit Judge:

Defendants City of New York ("City"), City Police Detective Kevin Sutton, et al., appeal from an amended final judgment entered in the United States District Court for the Eastern District of New York following a jury trial before Mark A. Costantino, Judge, awarding plaintiff Barry Calamia $50,000 in damages on his claims under 42 U.S.C. § 1983 (1982) for arrest without probable cause and use of excessive force during arrest...

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