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NAPOLITANO v. FLYNN

No. 213, Docket 91-7508.

949 F.2d 617 (1991)

Dean NAPOLITANO, Plaintiff-Appellee, v. Kim FLYNN, individually and Sheila Prue, individually and Stonewall, Inc., Defendants, Kim Flynn, individually and Sheila Prue, individually, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 22, 1991.

Attorney(s) appearing for the Case

Thomas C. Costello, Brattleboro, Vt., for plaintiff-appellee.

James F. Carroll (Powers, English & Carroll, of counsel) Middlebury, Vt., for defendants-appellants.

Before CARDAMONE, WALKER and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge:

Plaintiff Dean Napolitano ("Napolitano") sued two police officers (the "Officers"), alleging that they had violated his rights under federal law (42 U.S.C. §§ 1983, 1985, 1986, and 1988), and his rights under Vermont state law as well. The suit was brought against the Officers in both their official and individual capacities.

The Officers moved for summary judgment, asserting immunity from suit in both their official and...

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