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WEG v. MACCHIAROLA

Nos. 587, 930, Docket 92-7730, 92-7818.

995 F.2d 15 (1993)

Theodore WEG, Plaintiff-Appellee-Cross-Appellant, v. Frank J. MACCHIAROLA, individually and as Chancellor of the Board of Education of the City of New York; Dan A. Landes, individually and as Assistant District Attorney of New York County; Joyce R. Coppin, individually and as Deputy Executive Director of the Division of Personnel of the Board of Education; Lynne Coffin, individually and as an attorney for the Office of Legal Services of the Board; Joseph G. Barkan; Miguel O. Martinez; Amelia Ashe; Robert Christen; Irene Impellizeri; Marjori Lewis; James F. Regan (as members of the Board of Education of the City of New York); John Doe, Richard Roe, Defendants (In 92-7730), Stanley N. Lupkin, individually and as Commissioner of the Department of Investigation of the City of New York; Richard Halverson, individually and as Deputy Chancellor of the Board of Education of the City of New York; F. Newins, individually and as a Police Officer, N.Y.P.D.; Board of Education of the City of New York; and the City of New York, Defendants-Appellees (In 92-7818), E. Gordon Haesloop, individually and as Deputy Commissioner of the Department of Investigation of the City of New York; Rolf Moulton, individually and as Director of the Computer Security Services Unit of the Department of Investigation of the City of New York; and David Wolovick, individually and as Director of the Bureau of Supplies of the Board of Education, Defendants-Appellants-Cross-Appellees (In 92-7730, 92-7818).

United States Court of Appeals, Second Circuit.

Decided June 4, 1993.

Attorney(s) appearing for the Case

Ernest H. Hammer, New York City, for plaintiff-appellee.

Linda H. Young, Asst. Corp. Counsel of City of New York, New York City (O. Peter Sherwood, Corp. Counsel of City of New York, Larry A. Sossenshein, Leonard Koerner, Marcia Goffin, Pamela Seider Dolgow, of counsel), for defendants-appellants Haesloop, Moulton and Wolovick.

Before: LUMBARD, WINTER, and MAHONEY, Circuit Judges.

WINTER, Circuit Judge:

This is an appeal from Judge Leisure's denial of a motion for summary judgment based on a claim of qualified immunity. The appellants and their employment at pertinent times are E. Gordon Haesloop, Deputy Commissioner of the Department of Investigation of the City of New York ("DOI"), Rolf Moulton, Director of the Computer Security Services Unit of DOI, and David Wolovick, Director of the Board of Education's Bureau of Supplies.

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