VASBINDER v. AMBACH

Nos. 531, 537, Dockets 90-7299, 90-7313.

926 F.2d 1333 (1991)

Arnold R. VASBINDER, Plaintiff-Appellant, Cross-Appellee, v. Gordon AMBACH, Basil Y. Scott, and Richard M. Switzer, Defendants, Basil Y. Scott and Richard M. Switzer, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 28, 1991.


Attorney(s) appearing for the Case

Jules L. Smith, Rochester, N.Y. (Steven V. Modica, Blitman & King, Rochester, N.Y., on the brief), for plaintiff-appellant-cross-appellee.

Darren O'Connor, Asst. Atty. Gen., Albany, N.Y. (Robert Abrams, Atty. Gen. of the State of N.Y., Peter H. Schiff, Deputy Sol. Gen., Michael S. Buskus, Judith I. Ratner, Asst. Attys. Gen., Albany, N.Y., on the brief), for defendants-appellees-cross-appellants.

Before KEARSE, MAHONEY, and McLAUGHLIN, Circuit Judges.


KEARSE, Circuit Judge:

Plaintiff Arnold R. Vasbinder appeals from so much of a judgment entered in the United States District Court for the Northern District of New York after a jury trial before Thomas J. McAvoy, Judge, as dismissed, notwithstanding the jury's verdict, his claim under 42 U.S.C. § 1983 (1988) seeking punitive damages from defendants Basil Y. Scott and Richard M. Switzer for retaliation against him for exercising his rights under the First...

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