MERRIMAN v. TOWN OF COLONIE, N.Y.

No. 95-CV-1351.

934 F.Supp. 501 (1996)

Paul MERRIMAN and Kristin Rybicki, Plaintiffs, v. The TOWN OF COLONIE, NEW YORK; Ye Ole Locksmith Shoppe, Inc.; Michael Diaz; James Diaz; Trent Wilson; John P. Grebert, Individually and in his official capacity as Chief of Police for the Town of Colonie, New York; Thomas Lemieur, Individually and in his official capacity as a Police Officer for the Town of Colonie, New York; Francis M. Forenzo, Individually and in his official capacity as a Police Officer for the Town of Colonie, New York; Steven H. Heider, Individually and in his official capacity as a Lieutenant in the Police Department of the Town of Colonie, New York; Michael S. Ruede, Individually and in his official capacity as a Police Officer for the Town of Colonie, New York; Patrick M. Germaine, Individually and in his official capacity as a Police Officer for the Town of Colonie, New York; Robert H. Winn, Individually and in his official capacity as a Police Officer for the Town of Colonie, New York; John M. Tully, Individually and in his official capacity as a Sergeant in the Police Department of the Town of Colonie, New York; Thomas J. Breslin, Jr., Individually and in his official capacity as a Lieutenant in the Police Department of the Town of Colonie, New York; John Van Alstyne, Individually and in his official capacity as a Sergeant in the Police Department of the Town of Colonie, New York; Andrew Nipcon, Individually and in his official capacity as a Police Officer for the Town of Colonie, New York; Daniel Limmer, Individually and in his official capacity as a Police Officer for the Town of Colonie, New York; Dennis C. Mink, Individually and in his official capacity as a Police Officer for the Town of Colonie, New York; "John Doe" and "Jane Roe", whose names are fictitious but are meant to indicate one or more presently unknown agents, servants or employees of the Town of Colonie New York Police Department, individually and in their official capacities as Police Officers or agents, servants or employees of the Town of Colonie, New York; and the Town of Colonie Police Department, Defendants.

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

July 3, 1996.


Attorney(s) appearing for the Case

Keith F. Schockmel, Albany, New York, for Plaintiffs.

Cusick, Hacker & Murphy, Latham, New York (James E. Hacker, Roger J. Cusick, of counsel), for Defendants: Town of Colonie, John P. Grebert, Thomas Lemieur, Francis M. Forenzo, Steven H. Heider, Michael S. Ruede, Patrick M. Germaine, Robert W. Winn, John M. Tully, Thomas J. Breslin, Jr., John M. Van Alstyne, Andrew Nipcon, Daniel Limmer, Dennis C. Mink, and Town of Colonie Police Department.

Carter, Conboy, Case, Blackmore, Albany, New York (James A. Resila, of counsel), for Defendant Ye Ole Locksmith Shoppe, Inc.

Thomas J. Burch, Albany, New York, for Defendant Michael Diaz.

Pemberton & Briggs, Schenectady, New York (James L. Pemberton, of counsel), for Defendants James Diaz and Trent Wilson.


MEMORANDUM-DECISION AND ORDER1

HOMER, United States Magistrate Judge.

Plaintiffs brought this civil action against the above named defendants pursuant to 42 U.S.C. § 1983. Plaintiffs allege in their twelve-count complaint that the defendants violated their rights under the Fourth and Fourteenth Amendments and, in pendent state law claims, committed various torts in a series of events related to the dissolution of...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases