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ESTATE OF BRUCE v. CITY OF MIDDLETOWN

No. 88 Civ. 1846 (GLG).

781 F.Supp. 1013 (1992)

ESTATE OF Jimmy Lee BRUCE, Jr., Plaintiff, v. CITY OF MIDDLETOWN, the Middletown Police Department, and Police Officers Harold Simpson and Gregory Warycka, individually and in their official capacities as Police Officers of the City of Middletown, Defendants.

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

January 8, 1992.

Attorney(s) appearing for the Case

Joseph Maria, P.C. (Mark A. Lombardi, of counsel), White Plains, N.Y., for defendant and third-party plaintiff.

Molod & Berkowitz, P.C. (Robin L. Berlin, of counsel), New York City, for third-party defendant.

OPINION

GOETTEL, District Judge.

The plaintiff, the Estate of Jimmy Lee Bruce, originally commenced this action against defendants The City of Middletown, the Middletown Police Department, and two of their police officers, Harold Simpson and Gregory Warycka, pursuant to 42 U.S.C. § 1983 and state tort claims for wrongful death and negligence for injuries that occurred during an incident at a local movie theatre. The City of Middletown filed a third...

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