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HAHN v. COUNTY OF OTSEGO

No. 92-CV-337.

820 F.Supp. 54 (1993)

Kenneth C. HAHN and Ellen Hahn, Plaintiffs, v. COUNTY OF OTSEGO, Otsego County Sheriff's Dep't, Otsego County Sheriff Martin A. Ralph, "John Doe" and "John Roe", the names "John Doe" and "John Roe", being fictitious and being intended to represent officers and individuals whose identities are unknown at this time but who were officers, agents or employees of the defendants, John E. Kurdziolek, Cooperstown Assembly of God Church, and the New York District of the Assemblies of God Church, Defendants.

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

May 6, 1993.

Attorney(s) appearing for the Case

John P. Speer, Little Falls, NY, for plaintiffs.

James E. Konstanty, Otsego County Atty., Oneonta, NY, for defendants Otsego County, Otsego County Sheriff's Dept. and Sheriff Martin A. Ralph.

Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse, NY (James A. O'Shea, of counsel), for defendants John E. Kurdziolek, Cooperstown Assembly of God Church, and NY Dist. of Assemblies of God Church.

MEMORANDUM-DECISION and ORDER

HURD, United States Magistrate Judge.

Presently before this court is a motion for summary judgment to dismiss the complaint by defendants County of Otsego, Otsego County Sheriff's Department, Otsego County Sheriff Martin A. Ralph ("Otsego County defendants"). There is also before this court a cross-motion made by defendants John E. Kurdziolek ("Rev. Kurdziolek"), Cooperstown Assembly of God Church, and the New York

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