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MARSHALL v. SULLIVAN

Nos. 93, 94, Dockets 95-9286, 95-9288.

105 F.3d 47 (1996)

William R. MARSHALL, Plaintiff-Appellee, v. Cornelius F. SULLIVAN, individually and in his capacity as a Police Lieutenant, Kevin Khosrowshahi, Thomas Reardon, BFP New York, Inc., Andrew Preiser, individually and in his capacity as a Police Officer, Matthew J. Calcutti, individually and in his capacity as a Police Officer, Mark Kugler, individually and in his capacity as a Police Officer, Dennis Dimele, individually and in his capacity as a Police Officer, Marco Rivera, individually and in his capacity as a Police Officer, and The Town of Greenburgh, New York, Defendants, Cornelius F. Sullivan, individually and in his capacity as a Police Lieutenant, and the Town of Greenburgh, New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 17, 1996.

Attorney(s) appearing for the Case

Craig T. Dickinson (Jonathan Lovett, Lovett & Gould, White Plains, NY, on the brief), for Plaintiff-Appellee.

Thomas J. Troetti, Elmsford, NY, for Defendant-Appellant Sullivan.

Frederick W. Turner, Elmsford, NY (David R. Fried, Deputy Town Attorney, Elmsford, NY, on the brief), for Defendant-Appellant Town of Greenburgh.

Before: MESKILL, KEARSE, and MAHONEY, Circuit Judges.

KEARSE, Circuit Judge:

Defendants Town of Greenburgh, New York (the "Town" or "Greenburgh"), and Cornelius F. Sullivan, who at the pertinent times was a Town police lieutenant, appeal from so much of an order entered in the United States District Court for the Southern District of New York, Charles L. Brieant, Judge, as denied their motions for summary dismissal of the claims of plaintiff William R. Marshall seeking damages from them under 42 U.S.C. §...

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