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BROWN v. CITY OF ONEONTA

No. 93-CV-349.

911 F.Supp. 580 (1996)

Ricky BROWN, et al., Plaintiffs, v. CITY OF ONEONTA, et al., Defendants.

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

January 3, 1996.

Attorney(s) appearing for the Case

Whiteman, Osterman & Hanna, Albany, New York (D. Scott Bassinson, of counsel), for plaintiffs.

Rowley, Forrest, O'Donnell & Hite, P.C., Albany, New York (Brian J. O'Donnell, of counsel), for defendant Hartmark.

Dennis C. Vacco, Attorney General of the State of New York, Albany, New York (Robert A. Siegfried, Asst. Attorney General, of counsel), for state defendants.

Dreyer, Boyajian & Tuttle, Albany, New York (James B. Tuttle, of counsel), for Oneonta defendants.

MEMORANDUM-DECISION AND ORDER

McAVOY, Chief Judge.

I. BACKGROUND

In the early morning of September 4, 1992, a 77-year old woman, was allegedly attacked while staying as a guest in the home of a friend outside the City of Oneonta. Based upon the woman's account of the assault, the police suspected the assailant to be a young black male. The New York State Police supervised the investigation, and using dogs, traced the assailant's path to a wooded...

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