WAGNER v. COUNTY OF CATTARAUGUS

No. 93-CV-6177L.

866 F.Supp. 709 (1994)

Timothy WAGNER and John Payment, Plaintiffs, v. COUNTY OF CATTARAUGUS, Jerry E. Burrell, Sheriff of the County of Cattaraugus, Lieutenant Investigator Ernie Travis, Deputy Sheriff Investigator Dennis John, and Deputy Sheriff Investigator Dale Finch, Defendants.

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

October 19, 1994.


Attorney(s) appearing for the Case

Lawrence J. Andolina, Harris, Beach & Wilcox, Rochester, NY, for plaintiffs.

Peter F. Brady, Damon & Morey, Buffalo, NY, for defendants.


DECISION AND ORDER

LARIMER, District Judge.

There is a familiar adage that the truth is often stranger than fiction. This case illustrates the accuracy of that maxim.

The events that occurred on April 23, 1992 and which ultimately resulted in the seizure and arrest of plaintiffs Timothy Wagner ("Wagner") and John Payment ("Payment") are indeed strange. The arrest of Wagner and Payment by defendants is the basis for this lawsuit. Plaintiffs...

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