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KRUPPENBACHER v. MAZZEO

No. 86-CV-40.

744 F.Supp. 402 (1990)

Joseph H. KRUPPENBACHER, Plaintiff, v. David MAZZEO, Elise G. Mazzeo, the City of Albany Police Department, Charles Peters, Individually and as an Officer of the City of Albany Police Department, Officer Gaida, Individually and as an Officer of the City of Albany Police Department, James Halpin, Individually and as a Detective of the City of Albany Police Department, John Doe and Richard Roe, individually and as officers of the City of Albany Police Department whose names are unknown, all Jointly and Severally, Defendants.

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

September 11, 1990.

Attorney(s) appearing for the Case

Gerstenzang, Wiener & Gerstenzang, Albany, N.Y. (Michael E. Mine, of counsel), for plaintiff.

Roche, Corrigan, McCoy & Bush, Albany, N.Y. (Robert P. Roche, of counsel), for defendants David and Elise Mazzeo.

Vincent J. McCardle, Jr., Albany, N.Y. (Stephen J. Rehfuss, John L. Shea, of counsel), for defendants the City of Albany, James Halpin, Charles Peters and Paul Gaida.

MEMORANDUM-DECISION & ORDER

MUNSON, District Judge.

All defendants in the present action move for summary judgment pursuant to Rule 56(c) of the Federal Rules of Civil Procedure. Plaintiff claims that he was falsely arrested, falsely imprisoned and maliciously prosecuted. Plaintiff alleges that the actions of the defendants deprived him of his constitutional rights and therefore he is entitled to damages under Title 42 U.S.C. § 1983.

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