KOMLOSI v. NEW YORK STATE OMRDD

No. 1595, Docket 94-7967.

64 F.3d 810 (1995)

Mark KOMLOSI, Plaintiff-Appellee, v. The NEW YORK STATE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, Sheldon Kramer, Louis Ganim, John Sabatos, Robert Witkowsky, Kenneth Brodsky, and James Brennan, Defendants-Appellants, Arthur Y. Webb, Elin M. Howe, Ivan Canuteson, George Young, Arthur Fogel, Melanie Fudenberg, William Guzman, Walter DeLeone, Charles DeYoung, The City of New York, The Police Department of the City of New York, Salvatore Catalfumo, individually and in his official capacity as a detective in the NYPD, Robert Merz, individually and in his official capacity as a detective in the NYPD, Bruce D. Milau, individually and in his official capacity as a detective in the NYPD, P. Kehoe, individually and in his official capacity as a detective in the NYPD, Christoper Jackson, individually and in his official capacity as a detective in the NYPD, Joy E. Garza, individually and in her official capacity as a police officer in the NYPD, "J. McSeoun", a fictitious name intended to connote the identity of the NYPD official who supervised and directed the above-referenced detectives and police officers in their investigation, arrest, imprisonment, and prosecution of the Plaintiff, individually and in his official capacity as a lieutenant in the NYPD, "John Does" 1-10, the latter being fictitious names identified to connote certain persons whose identities are not yet known to plaintiff, and Robert Lamb, individually and in his official capacity as an assistant district attorney in the Office of the District Attorney for the County of Kings, Defendants.

United States Court of Appeals, Second Circuit.

Decided September 7, 1995.


Attorney(s) appearing for the Case

Vincent Leong, Assistant Attorney General of the State of New York, New York City (Dennis C. Vacco, Attorney General of the State of New York, of counsel), for defendants-appellants.

Will Levins, New York City (Peter A. Lerner, Ballon Stoll Bader & Nadler, P.C., of counsel), for plaintiff-appellee.

Before: ALTIMARI and MAHONEY, Circuit Judges.


MAHONEY, Circuit Judge:

This interlocutory appeal is taken from an order entered August 24, 1994 in the United States District Court for the Southern District of New York, John F. Keenan, Judge, insofar as it denied summary judgment to defendants-appellants Sheldon Kramer, Louis Ganim, John Sabatos, Robert Witkowsky, Kenneth Brodsky, and James Brennan (the "State defendants") based upon the defense of qualified immunity...

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