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BARNA v. CITY OF PERTH AMBOY

No. 93-5667.

42 F.3d 809 (1994)

Louis D. BARNA; Theresa Barna, Appellants, v. CITY OF PERTH AMBOY; Township of Woodbridge; Paul Otterbine; Stephen Otterbine; Richard Echevarria; Benjamin Ruiz; Orlando Sanabria; Stephen Poloka; James M. Crilly; Charles Hawkins; Frank Wallace.

United States Court of Appeals, Third Circuit.

Decided December 14, 1994.

Attorney(s) appearing for the Case

John J. Barry, Madeline E. Cox (argued), Judson Hand, Barry & McMoran, Newark, NJ, for appellants, Louis D. Barna and Theresa Barna.

John G. Cito (argued), Nolan & Cito, Perth Amboy, NJ, for appellees Otterbine, Echevarria, Ruiz and Sanabria.

Robert Musto (argued), Woodbridge, NJ, for appellee Charles Hawkins.

Before: STAPLETON, GARTH and PRATT, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Louis and Theresa Barna ("Mr. and Mrs. Barna") sued eight police officers, the City of Perth Amboy, and the Town of Woodbridge for violations of their constitutional rights stemming from an alleged assault and the subsequent detention of Mrs. Barna and arrest and prosecution of Mr. Barna. Following presentation of the plaintiffs' case, Officers Otterbine, Echevarria, Ruiz, and Sanabria moved for judgment as...

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